Republic v Peter Gitau Mburu [2022] KEHC 2523 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO. 4 OF 2013

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

VERSUS

PETER GITAU MBURU..............................................ACCUSED

SENTENCE

1. The accused was convicted for the offence of murder. This is a grave felony that attracts the sentence of death.

2. However, the mandatory nature of the death sentence as provided for under Section 204 of the Penal Code was declared unconstitutional by the Supreme Court in Francis Karioko Muruatetu & another v Republic, Consolidated Petitions Nos. 15 & 16 of 2015 [2017] eKLR.

3. The decision did not outlaw the death penalty, but it left the court with discretion to impose a lighter sentence.

4. I have considered the circumstances surrounding this offence. The accused and his father had a difficult relationship. The accused, who had a drinking problem, killed his father so that he could sell maize to buy alcohol.

5. I have also taken into account the mitigation tendered by his counsel. The accused is a first offender and has spent considerable period in prison remand and perhaps learnt some lessons.

6. 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 fifteen (15) years imprisonment. The period served by the accused from the time of his arrest on 26th April 2013 shall be deducted from this sentence.

7. 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 10th day of February 2022.

KANYI KIMONDO

JUDGE

Sentence read in open court in the presence of:

The accused.

Ms. A. Gakumu for the Republic.

Mr. Munene holding brief for Mr. Kimwere for the accused.

Ms. Susan Waiganjo, Court Assistant.