[2021] KEHC 585 (KLR)
The court held that, in light of the Supreme Court's guidance in Muruatetu, the accused was entitled to a resentencing hearing with consideration of mitigation and the period already spent in custody. While acknowledging the accused's long period of incarceration and presumed participation in prison rehabilitation...
Source-derived case information.
- Citation
- [2021] KEHC 585 (KLR)
- Parties
- Respondent: Republic; Appellant: Samwel Muriungi Kinyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2008
- Procedural Posture
- Criminal Case / Resentencing After Appeal
- Outcome
- Accused resentenced to fifty years' imprisonment, sentence to run from date of remand.
- Judges
- EM Muriithi
- Legal Topics
- Murder Sentencing, Resentencing Guidelines, Pretrial Detention Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Samwel Muriungi Kinyua
Appellant
Procedural Posture
Criminal Case / Resentencing After Appeal
Legal Issues
- 1 Whether the accused is entitled to a resentencing hearing following the Supreme Court decision in Francis Kariuki Muruatetu & Anor v. R [2017] eKLR.
- 2 What is the appropriate sentence for the accused, considering the circumstances of the offence and the period already spent in custody.
- 3 Whether the accused's alleged rehabilitation and time in custody should mitigate the sentence.
Ratio Decidendi
The court held that, in light of the Supreme Court's guidance in Muruatetu, the accused was entitled to a resentencing hearing with consideration of mitigation and the period already spent in custody. While acknowledging the accused's long period of incarceration and presumed participation in prison rehabilitation programs, the court found the offence—strangling his own 2 ½ year old son—to be particularly heinous and requiring a deterrent sentence. The court therefore imposed a sentence of fifty years' imprisonment, commencing from the date the accused was first remanded in custody, thereby taking into account the period already served.
Court Disposition
Accused resentenced to fifty years' imprisonment, sentence to run from date of remand.
Orders
- The accused is sentenced to fifty (50) years' imprisonment.
- The sentence shall commence on 28/8/2008, the date when the accused was remanded in custody.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HIGH COURT CRIMINAL CASE NO 53 OF 2008
REPUBLIC………………………………………………………………PROSECUTION
VERSUS
SAMWEL MURIUNGI KINYUA…………………………….……………..ACCUSED
SENTENCE
1. The accused who was convicted for the murder Contrary to Section 203 as read with 204of the Penal Code comes up for re-sentencing following a successful appeal on his sentence to the Court of Appeal which by its judgment of 11/7/2019 which dismissed the appeal from conviction directed that “ his matter be remitted to the High Court at Meru for purposes of hearing the appellant’s mitigation before resentencing,” in accordance with the Supreme Court of Kenya decision in Francis Kariuki Muruatetu & Anor v. R [2017] eKLR.
2. In urging the accused’s mitigation counsel for the accused, Mr. K. Mugambi, pointed out that the accused had been in custody since 2008 and that he had been rehabilitated and learnt some trade while at the prison and was ready to join other citizens in building the nation, and that he was remorseful and pleaded for leniency.
3. Ms. Nandwa, Prosecution Counsel for the DPP urged that there was no report or evidence of accused’s conduct while in prison and it could not be said that he had been rehabilitated or that he had gained of useful trade or skill which could help him while out of prison. The DPP also pointed out that the accused had, as found by the trial court, brutally murdered his son by brutal strangulation, and urged a sentence of life imprisonment.
4. Counsel for accused asked the court to take judicial notice of the courses offered at the prison and find that accused had undertaken some courses during his long stay in prison.
5. The court as considered the nature of the offence herein, that the accused is convicted of killing his own 2 ½ year old son by strangulation. The court also notes this long custody since 28. 8.2008, some 13 years during which the court is willing to accept he must have undertaken some form of correction including instruction in regular prison courses. In order to take into account the period of Pre-trial detention as required by such Section 333 (2)of the Criminal Procedure Code but being cognizant of the monstrosity of the crime of killing a child and need for deterrence, the court finds a sentence of imprisonment for a period of Fifty (50) years to be fitting and proper in the circumstances of this case. The sentence shall commence on 28/8/2008, the date when the accused was remanded in custody awaiting his trial.
Orders accordingly
DATED AND DELIVERED THIS 15TH DECEMBER, 2021
EDWARD MURIITHI
JUDGE