[2025] KEHC 4765 (KLR)
The court found that the accused, having been convicted of the murder of a minor in circumstances of extreme cruelty and without provocation, deserved a severe custodial sentence. Despite being a first offender and having spent time in custody, the negative post-conviction report and lack of remorse outweighed...
Source-derived case information.
- Citation
- [2025] KEHC 4765 (KLR)
- Parties
- Applicant: Republic; Defendant: Benson Waweru
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2020
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction
- Outcome
- Accused sentenced to thirty-five years' imprisonment for murder.
- Judges
- CM Kariuki
- Legal Topics
- Murder, Sentencing Principles, Mitigation, First Offender, Post Conviction Report
- 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
Benson Waweru
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction
Legal Issues
- 1 Whether the accused should be sentenced to life imprisonment or a lesser term for the offence of murder.
- 2 What weight should be given to the accused's status as a first offender and his period in custody.
- 3 Whether the circumstances of the offence and the post-conviction report justify a severe sentence.
Ratio Decidendi
The court found that the accused, having been convicted of the murder of a minor in circumstances of extreme cruelty and without provocation, deserved a severe custodial sentence. Despite being a first offender and having spent time in custody, the negative post-conviction report and lack of remorse outweighed mitigation. The court applied the principles of proportionality and seriousness of the offence, concluding that a sentence of thirty-five years' imprisonment was appropriate, taking into account the period already spent in custody.
Court Disposition
Accused sentenced to thirty-five years' imprisonment for murder.
Orders
- The accused is sentenced to thirty-five (35) years' imprisonment, taking into account time already spent in custody.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Waweru (Criminal Case 3 of 2020) [2025] KEHC 4765 (KLR) (24 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4765 (KLR)
Republic of Kenya
In the High Court at Narok
Criminal Case 3 of 2020
CM Kariuki, J
March 24, 2025
Between
Republic
Prosecutor
and
Benson Waweru
Accused
Ruling
1. The accused is charged with Murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.
2. He pleaded not guilty and went into full hearing. He was found guilty and convicted on offence of murder. The court ordered for post-conviction report.
3. The state indicated that he is a first offender and as such he will be so treated.
4. In mitigation it was submitted that accused is repentant and remorseful. The court was urged to take that he has been in custody since 16/4/2020.
5. The post- conviction report (PCR) is negative as all parties are opposed to an alternative sentence but for custody.
6. In Kenya, sentencing principles aim for proportionality, equality/uniformity, accountability/transparency, inclusiveness, respect for human rights, and adherence to domestic and international law. These principles guide courts in determining appropriate penalties for offenses, considering factors like the seriousness of the crime and the offender's circumstances.
7. The circumstance of this case is that the accused has been convicted of murder of a S (a minor) which evidence shows that he beheaded him for no apparent reason. The murder was of extreme cruelty which was not occasioned by any provocation of any justifiable ground. Even if the accused is said to have been in custody since 2020 and is said to be treated as first offender, he deserves a severe sentence. He is according to the post-conviction report un-repentant nor remorse and still insists he is innocent.
8. In the circumstances of the case herein the court makes the following orders.i.The accuse is sentenced serve a period having taken to account he has been in custody; he will be in prison for thirty-five (35) years.
DATED AND DELIVERED IN NAROK THIS 24TH MARCH 2025……………………………CHARLES KARIUKIJUDGE