[2017] KEHC 8099 (KLR)
The court found that, despite the accused's positive community profile, lack of previous convictions, and family responsibilities, the law prescribes a mandatory death sentence for murder under section 204 of the Penal Code. The court acknowledged ongoing debates about the appropriateness of the death penalty in...
Source-derived case information.
- Citation
- [2017] KEHC 8099 (KLR)
- Parties
- Respondent: Republic; Defendant: Titus Musyoka
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to death.
- Legal Topics
- Murder, Sentencing Guidelines, Death Penalty, Mitigation, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Titus Musyoka
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death for the offence of murder contrary to section 203 of the Penal Code.
- 2 Whether mitigating factors such as the accused's family status and lack of previous convictions should affect the sentence.
Ratio Decidendi
The court found that, despite the accused's positive community profile, lack of previous convictions, and family responsibilities, the law prescribes a mandatory death sentence for murder under section 204 of the Penal Code. The court acknowledged ongoing debates about the appropriateness of the death penalty in Kenya but held that, until legislative or judicial change occurs, it is bound to apply the law as it stands. Therefore, the accused was sentenced to suffer death as required by statute.
Court Disposition
Accused sentenced to death.
Orders
- The accused Titus Musyoka is sentenced to suffer death as provided under section 204 of the Penal Code.
- The right of appeal within 14 days is explained to the accused.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAJIADO
CRIMINAL CASE NO. 11 OF 2015
REPUBLIC
VERSUS
TITUS MUSYOKA
SENTENCE
The accused Titus Musyoka has been convicted of murder contrary to section 203 of the Penal Code. The punishment for this offence is provided for under section 204 of the Penal Code. During the sentencing hearing the following information was received by the court:
(1) A pre-sentence report
I substantially accept the profile of the accuse aged about 50 years married to Naomi Mueni and blessed with four children. The accused is described by the community as well behaved and peace loving. It has been noted that during the pendency of the case to the two families came together to explore a settlement through victim offender mediation under alternative dispute resolution mediation. There was significant degree of planning and progress between the two families however no settlement was reached. The defence counsel submitted on mitigation urging the court to take judicial notice that the accused is a family man where he is the main bread winner. The accused also has no previous convictions on any other offence as confirmed by the Director of Criminal Investigations.
In sentencing the accused I bear in mind the Sentencing Policy and Guidelines of the Judiciary 2016 and the provisions of section 204 of the Penal Code. The maximum and only sentence for causing death of another contrary to section 203 is to suffer death. It is evident that the offence which this court found accused guilty is a serious offence where an innocent life was cut short prematurely. The victim family though invited to attend the hearing chose not to, due to some logistical challenges. It could have appropriate to have them participate by giving a victim impact statement. I have weighed one factor after another at this stage of the proceedings. I am aware that the death sentence as a form of punishment is a live matter in our courts regarding its suitability and or abolition from the statute books. This debate is on-going and soon or later the Kenyan people through parliament or the court will bring to fruition this long standing issue. However as of now death sentence is provided for under the penal code for offences like murder which the accused was found guilty and convicted after the trial. Accordingly my duty is to apply the relevant provisions of section 204 of the Penal Code and sentence the accused to suffer death.
14 days right of appeal explained.
...………………………….
R. NYAKUNDI- JUDGE
31/1/2017
Representation:
Mr. Onchiri for the accused – present
Accused present
Mr. Akula for Director of Public Prosecutions
Mateli Court Assistant