Republic v Teresia Mueni Kilonzo [2017] KEHC 1761 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

HIGH COURT CRIMINAL CASE NO. 32 OF 2015

LESIIT, J.

REPUBLIC …………..……….….PROSECUTION

VERSUS

TERESIA MUENI KILONZO…..............ACCUSED

RULING ON SENTENCE

1. I have taken into consideration that the accused has been convicted of murder contrary to Section 203 of the Penal Code.

2. I have also considered that the accused has been in custody pending the hearing and determination of this case since her arraignment in court on 17th March 2015.

3. I have considered that the prosecution has treated the accused as a first offender.

4. I have considered the mitigation given by her counsel on her behalf Mr. Oduor advocate that:

a. The Accused is a first offender.

b. The accused is a young lady below 30 years of age.

c. The accused is the sole bread winner of her elderly mother.

d. That given the circumstances of the offence, the accused is remorseful and seeks leniency.

5. I have considered the sentiments of the defence counsel to the effect that meting out a death sentence is an academic exercise given that no person has been hanged. Counsel suggested that the court should bend the law and offer a lenient sentence to the accused.

6. I have considered the circumstances of the offence. The accused stabbed the deceased once on his chest without any warning or provocation and walked away yet the deceased had gone to visit the boyfriend of the accused.

7. The law is clear on the sentence that can be meted out to an accused convicted under Section 203 of the Penal Code. It attracts a death penalty as prescribed under Section 204 of the Penal Code.

8. Until Parliament changes the Law, the court must honour the mandatory sentence prescribed and the law as it is.

9. Having considered all these factors, I find that the court has no discretion in the sentence to impose for the offence for which the accused was convicted. Accordingly the accused is sentenced to death as by law prescribed.

10. The accused has a right of appeal against both the conviction and sentence within 14 days’ time.

DATED AT NAIROBI THIS 4th DAY OF DECEMBER, 2017.

LESIIT, J

JUDGE