Republic v Edward Nyarunda Ratemo [2017] KEHC 2019 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MARSABIT

CRIMINAL CASE NO.5 OF 2015

REPUBLIC ……………………………………PROSECUTOR

VRS

EDWARD NYARUNDA RATEMO…………………ACCUSED

09. 11. 2017

Before Hon Justice Chitembwe – Judge

Prosecutor Mr. Mwangangi for state

Court Assistant – Mr. Kashane

Accused present

Interpretation English/Kiswahili

Miss Muna for accused

Miss Muna:

On behalf of the accused, he is very remorseful.  He has a wife and two children below seven years.  Even  if the offence  attracts mandatory sentence, I pray that he be given another sentence.

Mr. Mwangangi:

The deceased was also a father.  He had a wife and children.  He was an uncle and a potential grandfather.  We are seeking the mandatory death sentence.

Court:

I have read the report of the Probation Officer’s report. The deceased and the accused were friends.  The  accused had miraa on the very day and shared it out with the deceased. I wish to acknowledge the useful information in the Probation officer’s report which did not come out during the hearing. This include the fact that the accused went on a drinking spree the previous day before he reported to work.   He was sober  when he committed the offence and the information that he had gone back to his house without permission and the deceased had booked him for disciplinary action.

The punishment for murder is death under section 204 of the Penal Code. The presumption is that anyone who kills is not capable of being reformed and has to be eliminated from the society.  That sentence is more in line with the idea of an eye for an eye.  I do appreciate that the death sentence is lawful. It is also recognized in the Constitution. I do support the existance  of the death Sentence as at time certain  circumstance call for its imposition. My view is that the Judicial Officers should have the discretion as to when such a sentence should be imposed.  Shutting out the door of discretion is not proper.  It is the Court which is best placed to know when to impose the death Penalty.

In this particular case, I do find that the death penalty will not serve any purpose. The death was the accused’s workmate and they were friends.  Not all murder incidents are the same, it can be held that murder is committed even if the circumstances vary and should  be punished by death.

However, some murder cases may not call for the death sentence.

Taking the mitigation into account and noting that the accused is 37 years old and was a Prison Warder and taking into account the period of about two years has been in custody, the accused is hereby sentenced to 25 (twenty five) years imprisonment.  Right of appeal.

Dated, Signed and Delivered at Marsabit this 9th day of  November 2017

SAID CHITEMBWE

JUDGE