[2018] KEHC 3335 (KLR)
The court found that, despite the accused being a first offender and the sole surviving parent of two children, the offence was grave, involving a vicious attack on a defenceless victim. The court considered the Supreme Court's guidance in Muruatetu that the death sentence is not mandatory, but determined that the...
Source-derived case information.
- Citation
- [2018] KEHC 3335 (KLR)
- Parties
- Applicant: Republic; Defendant: Salim Adhe Dhadho
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to death
- Judges
- GMA Dulu
- Legal Topics
- Sentencing Principles, Homicide, Mitigation, Mandatory Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Salim Adhe Dhadho
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death for the offence committed.
- 2 Whether the accused's mitigation and personal circumstances warrant a lesser sentence.
Ratio Decidendi
The court found that, despite the accused being a first offender and the sole surviving parent of two children, the offence was grave, involving a vicious attack on a defenceless victim. The court considered the Supreme Court's guidance in Muruatetu that the death sentence is not mandatory, but determined that the circumstances of this case—particularly the brutality of the attack and the accused's history of assaulting the deceased—warranted the imposition of the death penalty as provided by law.
Court Disposition
accused sentenced to death
Orders
- The accused is sentenced to suffer death as provided by law.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL CASE NO. 34 OF 2012
REPUBLIC...........................................................................PROSECUTOR
VERSUS
SALIM ADHE DHADHO............................................................ACCUSED
SENTENCE
1. I have considered that the accused is a first offender. I have considered the mitigation from counsel for the defence that the accused has apologised and that according to counsel, the accused found his wife with another man. I have also considered that the accused person is a father of two children, and that he is now the only living parent after the death of the mother of the children, his wife.
2. This is a serious offence however, a death has occurred. The attack on the deceased was very vicious. The deceased was defenceless.
3. The Supreme Court in the now famous case ofMuruatetu has said that the death sentence is not mandatory. It is still a legal and constitutional sentence nonetheless. Each case has to be considered on its own merits. The accused was in the habit of assaulting the deceased, and as such, at the time of the incident the deceased lived with her parents.
4. I sentence the accused to suffer death as provided by law.
Dated and delivered at Garissa this 15 day of October, 2018.
......................
George Dulu
JUDGE