[2020] KEHC 789 (KLR)
The court considered the statutory penalty for murder, which is death, but acknowledged the Supreme Court's decision that the death penalty is not mandatory and that courts retain discretion in sentencing. The court took into account the mitigation presented by the defence, including the fact that both accused...
Source-derived case information.
- Citation
- [2020] KEHC 789 (KLR)
- Parties
- Applicant: Republic; Defendant: Robinson Leshan; Defendant: Bernard Nyakundi Muchere
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Both accused persons sentenced to 20 years imprisonment each.
- Judges
- REA Ougo
- Legal Topics
- Murder, Sentencing Principles, Death Penalty, Mitigation, First Offender Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robinson Leshan
Defendant
Bernard Nyakundi Muchere
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused persons convicted of murder given the circumstances of the case and the current legal position on the death penalty?
- 2 Should the fact that the accused are first offenders and the period spent in remand be considered in sentencing?
Ratio Decidendi
The court considered the statutory penalty for murder, which is death, but acknowledged the Supreme Court's decision that the death penalty is not mandatory and that courts retain discretion in sentencing. The court took into account the mitigation presented by the defence, including the fact that both accused persons are first offenders and the period they have already spent in remand. The court also considered the impact of the offence on the victim's family, particularly the suffering of the deceased's wife. Balancing these factors, the court determined that a sentence of 20 years imprisonment for each accused person was appropriate under the circumstances, rather than imposing the...
Court Disposition
Both accused persons sentenced to 20 years imprisonment each.
Orders
- Each accused person is sentenced to 20 years imprisonment.
- Each accused person has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO.22 OF 2019
REPUBLIC..........................................................................................................STATE
VERSUS
ROBINSON LESHAN..........................................................................1ST ACCUSED
BERNARD NYAKUNDI MUCHERE...............................................2ND ACCUSED
SENTENCING
I have considered the mitigation raised by counsel for the accused persons, Robinson Leshan and Bernard Nyakundi Muchere together with the pre-sentence reports. The reports are not favourable however I do note that they are 1st offenders. I have considered the principles that govern sentencing:
The victim’s wife is quite bitter. She lost a husband and has undergone through a lot since he died.
The charge of murder has a penalty of death. Bearing in mind the current jurisdiction by the Supreme Court on the death sentence, together with the period the accused persons have been in remand and the circumstances under which the deceased met his death I sentence each accused person to 20 years imprisonment. Each accused person has a right of appeal within 14 days.
Dated, signed and delivered at KISII this 18th day of December 2020.
R.E. OUGO
JUDGE
In the presence of;
Mr. Nyakundi Present for Accused persons
Mr. Otieno Senior Prosecution Counsel Office of the DPP
Ms. Rael Court Assistant