Case Metadata |
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| Case Number: | Criminal Case 6 of 2016 |
|---|---|
| Parties: | Republic v Simon Muraya Gachau |
| Date Delivered: | 14 Dec 2021 |
| Case Class: | Criminal |
| Court: | High Court at Murang'a |
| Case Action: | Sentence |
| Judge(s): | Kanyi Kimondo |
| Citation: | Republic v Simon Muraya Gachau [2021] eKLR |
| Advocates: | Ms. Muriu for the Republic. |
| Court Division: | Criminal |
| Advocates: | Ms. Muriu for the Republic. |
| History Advocates: | One party or some parties represented |
| Case Outcome: | Appeal allowed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 6 OF 2016
REPUBLIC.............................PROSECUTOR
VERSUS
SIMON MURAYA GACHAU.......ACCUSED
SENTENCE
1. The accused was adjudged guilty of the grave offence of murder.
2. The felony 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.
3. I have considered the circumstances surrounding this offence. The accused and deceased were cohabiting together in Murang’a. Following a domestic tiff, he stabbed the deceased multiple times with a fork jembe on the head, back and leg. He then vanished from the scene and was only arrested seven months later in Nairobi. The deceased died from external bleeding.
4. I have also taken into account the mitigation tendered by his counsel. The accused is a first offender and has expressed genuine remorse for his actions.
5. The rule of thumb is that sentence should be commensurate to the moral blameworthiness of the offender but 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 in custody from the date of his arrest on 3rd March 2016 to date shall be deducted from this sentence.
6. 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 proceedings, judgment and sentence shall be supplied to him immediately.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 14TH DAY OF DECEMBER, 2021
KANYI KIMONDO
JUDGE
Sentence read in open court in the presence of:
The accused.
Ms. Muriu for the Republic.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.
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