[2025] KEHC 7467 (KLR)

[2025] KEHC 7467 (KLR)

Despite the statutory prescription of the mandatory death penalty for murder under the Penal Code, the court is guided by the Supreme Court's decision in Muruatetu, which grants discretion to impose sentences other than death for murder. However, recent Supreme Court pronouncements have created uncertainty regarding...

Source-derived case information.

Citation
[2025] KEHC 7467 (KLR)
Parties
Applicant: Republic; Defendant: Moses Wafula Wesonga
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Criminal Case E016 of 2023
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction for Murder
Outcome
The accused is sentenced to 30 years' imprisonment for murder, to run from the date of sentencing.
Judges
WM Musyoka
Legal Topics
Murder Sentencing, Mandatory Minimum Sentences, Judicial Discretion, Constitutionality of Penalties
Source Language
english
Criminal Law Murder Sentencing Mandatory Minimum Sentences Judicial Discretion Constitutionality of Penalties

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Summary, issues, holding and outcome

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Parties

Republic

Applicant

Moses Wafula Wesonga

Defendant

Procedural Posture

Criminal Case / Sentencing Ruling After Conviction for Murder

Legal Issues

  1. 1 Whether the court has discretion to impose a sentence other than the mandatory death penalty for murder under the Penal Code.
  2. 2 How recent Supreme Court decisions affect the application of judicial discretion in sentencing for murder.
  3. 3 Whether the accused should benefit from section 333(2) of the Criminal Procedure Code regarding pre-sentence detention.

Ratio Decidendi

Despite the statutory prescription of the mandatory death penalty for murder under the Penal Code, the court is guided by the Supreme Court's decision in Muruatetu, which grants discretion to impose sentences other than death for murder. However, recent Supreme Court pronouncements have created uncertainty regarding the extent of this discretion, especially for offences other than murder. The court acknowledges this uncertainty but, in the absence of legislative amendment and in light of the binding precedent in Muruatetu, exercises its discretion to impose a custodial sentence of 30 years' imprisonment rather than the mandatory death penalty. The court further finds that the accused is...

Court Disposition

The accused is sentenced to 30 years' imprisonment for murder, to run from the date of sentencing.

Orders

  • The accused, Moses Wafula Wesonga, is sentenced to 30 years' imprisonment for murder.
  • The sentence shall run from the date of sentencing.