Simon Gitonga Tiampati v Republic [2021] KEHC 4830 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

MISC CRIMINAL APPLICATION NO. 18 OF 2019

SIMON GITONGA TIAMPATI...............................................................APPLICANT

VERSUS

REPUBLIC............................................................................................RESPONDENT.

RULING.

1. The applicant had been charged and convicted for the murder of the late KERONYA TANYASIS sometimes on the 27th October 2004. He was sentenced to suffer death which later I presumed was commuted to life imprisonment.

2. Taking advantage of the Supreme Court’s decision in the now famous Muruatetu case, petition no. 15 of 2015 he has sought this courts intervention to mitigate again. In his application he said that he was remorseful and he has learned a lifelong lesson. He regrets the offence. He prays that he be allowed to integrate back to his family and society. He said that he has been in custody since the year 2004.

3. The learned state counsel did not essentially oppose the application and submitted that the mitigation can be taken into consideration.

4. The court has perused the application and the judgement of this court delivered on 2nd June 2006. It is evident that the circumstances leading to the offence bordered on provocation although the applicant need not have taken the illegal action he did.

5. The court also takes note of the fact that the applicant has been in custody since 2004 which is about 17 years. He must have learned a lifelong lesson.

6. Consequently, and taking cue from the principles as contained in the Muruatetu case and the many other authorities emanating therefrom this court hereby sets aside the death sentence imposed against the applicant and substitutes it with a custodial sentence of 20 years from 2nd June 2006.

7. Orders accordingly.

DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 29TH DAY OF JULY 2021.

H K CHEMITEI.

JUDGE