The Court held that, following the Supreme Court's decision in Francis Karioko Muruatetu & Another v Republic, the mandatory death penalty for murder under section 204 of the Penal Code is unconstitutional, and sentencing discretion lies with the trial court. The judge found that while the accused was convicted of premeditated murder, the circumstances did not warrant the highest penalty of death. Mitigating factors included the accused being a first offender, her role as the sole parent to four minor children, the absence of aggravating circumstances such as commission of another felony, and her expressed remorse. The Court determined that a custodial sentence of fifteen years' imprisonment was appropriate, balancing the seriousness of the offence with the mitigating circumstances and the need for societal denunciation of premeditated homicide.