[2017] KEHC 1761 (KLR)
The court found that, despite the mitigation advanced on behalf of the accused—including her status as a first offender, her youth, her role as sole breadwinner, and her remorse—the law prescribes a mandatory death sentence for murder under Section 204 of the Penal Code. The judge held that the court has no...
Source-derived case information.
- Citation
- [2017] KEHC 1761 (KLR)
- Parties
- Respondent: Republic; Defendant: Teresia Mueni Kilonzo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2015
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to death
- Judges
- AM Cockar
- Legal Topics
- Murder, Sentencing, Death Penalty, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Teresia Mueni Kilonzo
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the mandatory death sentence under Section 204 of the Penal Code must be imposed for a conviction of murder under Section 203.
- 2 Whether the accused's mitigation and status as a first offender can affect the sentence imposed.
Ratio Decidendi
The court found that, despite the mitigation advanced on behalf of the accused—including her status as a first offender, her youth, her role as sole breadwinner, and her remorse—the law prescribes a mandatory death sentence for murder under Section 204 of the Penal Code. The judge held that the court has no discretion to impose any sentence other than the death penalty for a conviction under Section 203, unless and until Parliament amends the law. The circumstances of the offence, including the lack of provocation and the manner in which the accused acted, did not provide a legal basis for departing from the statutory mandate. Accordingly, the accused was sentenced to death as required by...
Court Disposition
accused sentenced to death
Orders
- The accused is sentenced to death as by law prescribed under Section 204 of the Penal Code.
- The accused has a right of appeal against both conviction and sentence within 14 days.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HIGH COURT CRIMINAL CASE NO. 32 OF 2015
LESIIT, J.
REPUBLIC …………..……….….PROSECUTION
VERSUS
TERESIA MUENI KILONZO…..............ACCUSED
RULING ON SENTENCE
1. I have taken into consideration that the accused has been convicted of murder contrary to Section 203 of the Penal Code.
2. I have also considered that the accused has been in custody pending the hearing and determination of this case since her arraignment in court on 17th March 2015.
3. I have considered that the prosecution has treated the accused as a first offender.
4. I have considered the mitigation given by her counsel on her behalf Mr. Oduor advocate that:
a. The Accused is a first offender.
b. The accused is a young lady below 30 years of age.
c. The accused is the sole bread winner of her elderly mother.
d. That given the circumstances of the offence, the accused is remorseful and seeks leniency.
5. I have considered the sentiments of the defence counsel to the effect that meting out a death sentence is an academic exercise given that no person has been hanged. Counsel suggested that the court should bend the law and offer a lenient sentence to the accused.
6. I have considered the circumstances of the offence. The accused stabbed the deceased once on his chest without any warning or provocation and walked away yet the deceased had gone to visit the boyfriend of the accused.
7. The law is clear on the sentence that can be meted out to an accused convicted under Section 203 of the Penal Code. It attracts a death penalty as prescribed under Section 204 of the Penal Code.
8. Until Parliament changes the Law, the court must honour the mandatory sentence prescribed and the law as it is.
9. Having considered all these factors, I find that the court has no discretion in the sentence to impose for the offence for which the accused was convicted. Accordingly the accused is sentenced to death as by law prescribed.
10. The accused has a right of appeal against both the conviction and sentence within 14 days’ time.
DATED AT NAIROBI THIS 4th DAY OF DECEMBER, 2017.
LESIIT, J
JUDGE