[2021] KEHC 1210 (KLR)
The court exercised its discretion in sentencing following the Supreme Court's decision in Muruatetu, which rendered the mandatory death penalty unconstitutional but preserved the court's power to impose the death penalty or a lesser sentence. Considering the accused's status as a first offender, his remorse, and...
Source-derived case information.
- Citation
- [2021] KEHC 1210 (KLR)
- Parties
- Respondent: Republic; Defendant: Simon Muraya Gachau
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- K Kimondo
- Legal Topics
- Murder, Sentencing Discretion, Death Penalty, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Simon Muraya Gachau
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or a lesser sentence following the Supreme Court decision in Muruatetu.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation.
Ratio Decidendi
The court exercised its discretion in sentencing following the Supreme Court's decision in Muruatetu, which rendered the mandatory death penalty unconstitutional but preserved the court's power to impose the death penalty or a lesser sentence. Considering the accused's status as a first offender, his remorse, and the circumstances of the offence—namely, a domestic dispute leading to a fatal stabbing—the court found that justice would be served by a custodial sentence rather than the death penalty. The court sentenced the accused to ten years imprisonment, deducting the period already served in custody.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to ten (10) years imprisonment.
- The period served in custody from 3rd March 2016 to date shall be deducted from the sentence.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 6 OF 2016
REPUBLIC.............................PROSECUTOR
VERSUS
SIMON MURAYA GACHAU.......ACCUSED
SENTENCE
1. The accused was adjudged guilty of the grave offence of murder.
2. The felony attracts the sentence of death. However, following the landmark decision of the Supreme Court in Francis Karioko Muruatetu & another v Republic, Consolidated Petitions Nos. 15 & 16 of 2015 [2017] eKLR, the mandatory nature of the death sentence as provided for under Section 204 of the Penal Code was declared unconstitutional. This did not outlaw the death penalty, but it left the court with discretion to impose a lighter sentence.
3. I have considered the circumstances surrounding this offence. The accused and deceased were cohabiting together in Murang’a. Following a domestic tiff, he stabbed the deceased multiple times with a fork jembe on the head, back and leg. He then vanished from the scene and was only arrested seven months later in Nairobi. The deceased died from external bleeding.
4. I have also taken into account the mitigation tendered by his counsel. The accused is a first offender and has expressed genuine remorse for his actions.
5. The rule of thumb is that sentence should be commensurate to the moral blameworthiness of the offenderbut also guided by the nature and gravity of crime. Justice in this case calls for a custodial sentence. Doing the best that I can, I sentence the accused to ten (10) years imprisonment. The period served by the accused in custody from the date of his arrest on 3rd March 2016 to date shall be deducted from this sentence.
6. The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court. A copy of the proceedings, judgment and sentence shall be supplied to him immediately.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 14TH DAY OF DECEMBER, 2021
KANYI KIMONDO
JUDGE
Sentence read in open court in the presence of:
The accused.
Ms. Muriu for the Republic.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.