Anthony Kinyanjui Kimani v Republic [2020] KECA 12 (KLR)

Facts

The appellant, Anthony Kinyanjui Kimani, was charged with the murder of Francis Kamanja Ndubai. The incident occurred when the appellant complained to his house guest, the deceased, that his jacket had been stolen. The appellant and the deceased were beaten by two young men, and the deceased was moved to an unoccupied unit. The appellant later found the deceased not breathing and reported the incident to the police.

Issues

1. Whether the evidence proves malice aforethought
2. Whether the death sentence is excessive and should be set aside

Reasoning

The appellant's repeated and vengeful striking of the deceased over his body, knowing the risk of grievous bodily harm or death, established malice aforethought. The Supreme Court's decision on the mandatory death sentence as unconstitutional for first-time offenders and mitigating factors in the appellant's case led to the setting aside of the death sentence.

Outcome

Appeal dismissed, death sentence set aside, substituted with a sentence of twenty years' imprisonment.

Authorities cited