Isaac Mwangi Muchoki v Republic [2020] KECA 273 (KLR)
- Court
- Court of Appeal
- Case number
- 273
- Citation
- [2020] KECA 273 (KLR)
- Decided
- 23 October 2020
The death sentence is constitutional, but the trial court erred in sentencing the appellant to death. The appeal is allowed, and the sentence is set aside. The appellant is sentenced to 30 years imprisonment.
Facts
The appellant and his deceased wife had a strained relationship. The appellant accused the deceased of failing to spend the previous night at home and demanded a cup of tea. The deceased refused, and security removed the appellant from the stall. Later, the deceased was found bleeding and stabbed, and died at Kenyatta National Hospital.
Issues
- Whether the death sentence is constitutional
- Whether the trial court erred in sentencing the appellant to death
Reasoning
The court allowed the appeal and set aside the death sentence, finding that the trial court erred in sentencing the appellant to death. The court noted the appellant's first offender status and the gravity of the offence, but also considered the mitigating factors and the appellant's flight after the crime.
Outcome
The appeal is allowed, and the sentence is set aside. The appellant is sentenced to 30 years imprisonment.
Orders
- Set aside the death sentence and substitute with a sentence of 30 years imprisonment
Authorities cited
Legislation (1)
- Section 203 and 204 of the Penal Code
Cases cited (1)
- Francis Karioko Muruatetu (supra)
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