1.On the 25th day of March 2022, the accused was convicted of with the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2.In mitigation through his defence counsel Lucy Mwai whose brief was held by Mr. Njuguna Kimani, the accused said he is remorseful and has a family with three children being the sole breadwinner. He further said he is aged 38 years and pleaded for leniency.
3.The court called for pre-sentence report which was filed on June 29, 2023. From the report, the accused is still in denial of the offence even after conviction. The probation officer found him indifferent and not capable of benefiting from a non-custodial sentence.
4.The evidence on record did not reveal the motive of murder. However, the deceased was taken from his home at Othaya by the accused and others not before the court. He was taken to Chorongi near Nyeri town where he was beaten up using iron bars and rungus inflicting severe injuries that resulted to his death. The body of the deceased was recovered at the scene the following morning.
5.It is imperative to state that this court has the discretion to mete out any sentence other than death sentence based on the principles in the Supreme Court Petition of Francis Muruatetu & another v Republic No 15 of 2017. Section 204 of the Penal Code provides for death sentence for the offence of murder but the Muruatetu Petition has introduced jurisprudence that courts the mandatory nature of death sentence is unconstitutional. The accused is entitled to benefit from this growth of jurisprudence.
6.The offence was allegedly committed on January 10, 2018and the accused was arraigned in this court on 22/01/2018. The record shows that the accused was released on bond on January 17, 2019. He was therefore incarcerated in prison remand for about one year.
7.I proceed to sentence the accused having taken into consideration all the foregoing factors
8.He is sentenced to Nineteen(19) years imprisonment. I have taken into account that the accused spent one(1) year in custody.Right of appeal.