[2021] KEHC 4830 (KLR)
The court found that, in light of the Supreme Court's decision in the Muruatetu case, the mandatory death sentence for murder is unconstitutional and the applicant is entitled to have his sentence reviewed. The court considered the circumstances of the offence, which bordered on provocation, and the applicant's...
Source-derived case information.
- Citation
- [2021] KEHC 4830 (KLR)
- Parties
- Applicant: Simon Gitonga Tiampati; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application 18 of 2019
- Procedural Posture
- Miscellaneous Application / Sentence Review
- Outcome
- death sentence set aside and substituted with 20 years imprisonment from 2nd June 2006
- Legal Topics
- Sentencing Principles, Murder, Mitigation, Mandatory Sentences, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Gitonga Tiampati
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Application / Sentence Review
Legal Issues
- 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in the Muruatetu case.
- 2 Whether the circumstances of the offence and the applicant's mitigation warrant a reduction of the sentence.
Ratio Decidendi
The court found that, in light of the Supreme Court's decision in the Muruatetu case, the mandatory death sentence for murder is unconstitutional and the applicant is entitled to have his sentence reviewed. The court considered the circumstances of the offence, which bordered on provocation, and the applicant's remorse and lengthy period in custody (about 17 years). The court concluded that the death sentence should be set aside and substituted with a custodial sentence of 20 years from the date of the original sentence.
Court Disposition
death sentence set aside and substituted with 20 years imprisonment from 2nd June 2006
Orders
- The death sentence imposed against the applicant is set aside.
- The applicant is sentenced to 20 years imprisonment from 2nd June 2006.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC CRIMINAL APPLICATION NO. 18 OF 2019
SIMON GITONGA TIAMPATI...............................................................APPLICANT
VERSUS
REPUBLIC............................................................................................RESPONDENT.
RULING.
1. The applicant had been charged and convicted for the murder of the late KERONYA TANYASIS sometimes on the 27th October 2004. He was sentenced to suffer death which later I presumed was commuted to life imprisonment.
2. Taking advantage of the Supreme Court’s decision in the now famous Muruatetu case, petition no. 15 of 2015 he has sought this courts intervention to mitigate again. In his application he said that he was remorseful and he has learned a lifelong lesson. He regrets the offence. He prays that he be allowed to integrate back to his family and society. He said that he has been in custody since the year 2004.
3. The learned state counsel did not essentially oppose the application and submitted that the mitigation can be taken into consideration.
4. The court has perused the application and the judgement of this court delivered on 2nd June 2006. It is evident that the circumstances leading to the offence bordered on provocation although the applicant need not have taken the illegal action he did.
5. The court also takes note of the fact that the applicant has been in custody since 2004 which is about 17 years. He must have learned a lifelong lesson.
6. Consequently, and taking cue from the principles as contained in the Muruatetu case and the many other authorities emanating therefrom this court hereby sets aside the death sentence imposed against the applicant and substitutes it with a custodial sentence of 20 years from 2nd June 2006.
7. Orders accordingly.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 29TH DAY OF JULY 2021.
H K CHEMITEI.
JUDGE