Republic v Julius Wanderi Mwangi [2021] KEHC 3926 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MURANG’A

CRIMINAL CASE NO. 31 OF 2012

[FORMERLY NYERI HCCR 11 OF 2011]

REPUBLIC.................................................PROSECUTOR

VERSUS

JULIUS WANDERI MWANGI........................ACCUSED

SENTENCE

1. The accused was convicted for the offence of murder.This is a grave felony that attracts the sentence of death. However, following the landmark decision of the Supreme Court in Francis Karioko Muruatetu & another v Republic, Consolidated Petitions Nos. 15 & 16 of 2015 [2017] eKLR, the mandatory nature of the death sentence as provided for under Section 204 of the Penal Code was declared unconstitutional.  This did not outlaw the death penalty, but it left the court with discretion to impose a lighter sentence.

2. I have considered the circumstances surrounding this offence. The accused and the deceased were good friends. However, an innocent life was wasted in a petty argument that ended in a fight. In the process, the accused inflicted a fatal stab wound to the left side of the deceased’s chest. I have also taken into account the mitigation tendered by his counsel. The accused is a first offender and has a young fanmily. He has expressed genuine remorse for his actions.

3. The rule of thumb is that sentence should be commensurate to the moral blameworthiness of the offenderbut also guided by the nature and gravity of crime. Justice in this case calls for a custodial sentence. Doing the best that I can, I sentence the accused to ten (10) years imprisonment. The period served by the accused from the time he was first presented to Court on 10th March 2011 and remanded (but excluding any period when he was out on bail) shall be computed and deducted from this sentence.

4. The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court. A copy of the judgment and sentence shall be supplied to him immediately.

It is so ordered.

DATED, SIGNED AND DELIVERED AT MURANG’A THIS 23RD DAY OF SEPTEMBER 2021.

KANYI KIMONDO

JUDGE

Sentence read in open court in the presence of-

Accused.

Ms. A. Gakumu for the Republic.

No appearance by counsel for the accused.

Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.