Republic v Duke Ronald Kereu [2015] KEHC 3856 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CRIMINAL CASE NO.50 OF 2009

REPUBLIC

VERSUS

DUKE RONALD KEREU    -     ACCUSED

SENTENCING

1. The accused person herein, Duke Ronald Kereu, was convicted of the offence of murder with which he was charged contrary to Section 203 as read with Section 204 of the Penal Code.  By judgment delivered on 9th January 2015 the court found him guilty as charged and convicted in accordance with Section 328(1) of the Criminal Procedure Code.

2. In accordance, therefore, with Section 322(2) this court is to pronounce sentence in accordance with law.

3. The court called for the Probation Report which report was filed on 23rd April 2015.  I have read the said report in details but also with great circumspection.  I say with circumspection because the accused was found guilty of heinous crime of murder, murder of one’s mother.  The report is not helpful, in my considered view.

4. A person convicted of murder is liable to be sentenced to death.  The accused has not given any reason why the court should not sentence him to the mandatory death sentence.  He is an adult and normal.  Accordingly, I sentence the accused to death in accordance with the law.  He has a right of appeal.

Dated, signed and delivered in open court this 10th day of July, 2015.

HON. C. B. NAGILLAH

JUDGE

In the presence of:

Otieno for State

M/S Kaburi for Accused

Samuel Omuga: Court clerk