[2018] KEHC 7718 (KLR)
Despite the accused being a first offender, expressing remorse, and having a dependent child, the court found the circumstances of the offence—namely, the deliberate luring and brutal killing of a young child by the accused—so egregious that they outweighed the mitigating factors. The court held that such a...
Source-derived case information.
- Citation
- [2018] KEHC 7718 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Gikunda Mwigwa
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2009
- Procedural Posture
- Criminal Law / Sentencing
- Outcome
- convicted and sentenced to death
- Judges
- A Mabeya
- Legal Topics
- Murder, Sentencing, Mitigation, Death Penalty
- 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
Applicant
Vincent Gikunda Mwigwa
Defendant
Procedural Posture
Criminal Law / Sentencing
Legal Issues
- 1 Whether the accused should be shown mercy in sentencing given his mitigation and the circumstances of the offence.
- 2 Whether the death penalty is the appropriate sentence for the offence committed.
Ratio Decidendi
Despite the accused being a first offender, expressing remorse, and having a dependent child, the court found the circumstances of the offence—namely, the deliberate luring and brutal killing of a young child by the accused—so egregious that they outweighed the mitigating factors. The court held that such a merciless act by a father does not merit mercy from the court. Consequently, the mandatory sentence of death as provided by law for the offence of murder was imposed.
Court Disposition
convicted and sentenced to death
Orders
- The accused is sentenced to suffer death as provided by law.
- 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 MERU
HCR NO 25 OF 2009
REPUBLIC..............................................................................STATE
VERSUS
VINCENT GIKUNDA MWIGWA................................ACCUSED
SENTECING
1. I have considered the mitigation of the accused. That he is a first offender. That he has a child who is dependant on him. That he is remorseful.
2. I have noted the Pre-sentence Report on record is positive of the accused.
3. However, I have noted the circumstances under which the offence was committed. That the accused lured his estranged wife to surrender to him a 2 ½ year old child whom he savagely eliminated from this world and dumped its remains in a pit latrine. I do not think that a merciless father like the accused deserves mercy from this Court.
4. Accordingly, I sentence the accused to suffer death as per the law provided.
14 days Right of Appeal explained.
DATED and DELIVERED at MERU this 21st day of MARCH, 2018.
A. MABEYA
JUDGE
21:03:18
In the presence of:-
Court Assistant : Boniface
Mr. Namiti for state
Ms. Nelima for accused