[2016] KEHC 2385 (KLR)
The court found that, despite the accused's remorse and the fact that others involved in the crime escaped justice, the law prescribes only one sentence for murder under Section 204 of the Penal Code: death. The judge emphasized that he had no discretion in sentencing and was bound by statute to impose the death...
Source-derived case information.
- Citation
- [2016] KEHC 2385 (KLR)
- Parties
- Appellant: Republic; Defendant: Wisdom Mwalumbi Mwashindo alias Mwanzia
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced to death
- Judges
- CM Kamau
- Legal Topics
- Murder, Sentencing, Mandatory Sentence, Remorse, Joint Criminal Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Wisdom Mwalumbi Mwashindo alias Mwanzia
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder and subject to the mandatory sentence under Kenyan law.
- 2 Whether the accused's remorse or the fact that others escaped justice affects sentencing.
Ratio Decidendi
The court found that, despite the accused's remorse and the fact that others involved in the crime escaped justice, the law prescribes only one sentence for murder under Section 204 of the Penal Code: death. The judge emphasized that he had no discretion in sentencing and was bound by statute to impose the death penalty upon conviction for murder. The personal circumstances of the accused and the absence of co-accused did not alter the mandatory nature of the sentence. The court thus sentenced the accused to death as required by law.
Court Disposition
convicted and sentenced to death
Orders
- The accused, Wisdom Mwalumbi Mwashindo alias Mwanzia, is sentenced to death for the offence of murder under Section 204 of the Penal Code.
- Right of appeal within fourteen (14) days from the date of judgment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VOI
CRIMINAL CASE NO 2 OF 2015
REPUBLIC
VERSUS
WISDOM MWALUMBI MWASHINDO ALIAS MWANZIA
SENTENCE
1. I have listened to the submissions of the Accused person's counsel, Mr Kertiony and noted that the Accused person is very remorseful for the incident that occurred on the fateful day and only hopes that the hands of time could be rewound to undo what happened to the deceased person. I have also noted that the Accused person was not alone when the heinous act was committed on the deceased and others escaped before being arrested. It is unfortunate that others who participated in the death of the deceased have remained scot free leaving the Accused person to carry his cross and that of others.
2. Unfortunately, as the States Counsel Miss Anyumba has pointed out, the fact that the Accused person is remorseful does not lessen his guilty. The murder was most foul. Having coming to that conclusion, I find that my hands tied by the law as there is only one sentence mandated by the law for the offence of murder.
3. I regret that the Accused person is the only person paying the price for the death of the deceased person but unfortunately as I have said herein above, I have no discretion in the sentence that I can hand down to the Accused person.
4. Accordingly, having convicted the Accused person for the charge of murder of John Ngao, I have no option but hereby sentence the Accused person, Wisdom Mwalumbi Mwashindo alias Mwanzia to the one sentence that is prescribed by Section 204 of the Penal Code Cap 63 (laws of Kenya), that is to death. I regret that the Accused person's children may grow without a father in the event my decision is not overturned by the Court of Appeal but I must obey the law.
5. Right of Appeal within fourteen (14) days from today.
6. Orders accordingly.
DATED and DELIVERED at VOI this 28THday of SEPTEMBER2016
J. KAMAU
JUDGE