Mola & another v Republic (Criminal Appeal 125 of 2017) [2024] KECA 1652 (KLR) (15 November 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 1652
- Citation
- [2024] KECA 1652 (KLR)
- Decided
- 15 November 2024
The High Court's conviction and sentence of death are set aside, and the appellants are sentenced to life imprisonment with a term of 30 years.
Facts
Pius Abiero Mola and Boaz Otieno Abiero were charged with murder for allegedly killing Odada Achieng on October 23, 2012. Jerim died during the trial, and the case against him abated. Six witnesses testified for the prosecution, including the deceased's brother who identified the body.
Issues
- Malice aforethought
- Proper identification of the appellants
- Sentencing
Reasoning
The High Court's finding of malice aforethought was upheld, but the court found the sentence of death to be manifestly harsh and unconstitutional. The Supreme Court held that the mandatory nature of the death sentence was unconstitutional, and the court now considers mitigation and circumstances of the case.
Outcome
Appeal allowed, sentence of life imprisonment with a term of 30 years substituted
Authorities cited
Legislation (1)
- Penal Code
Cases cited (4)
- Joseph Kimani Njau vs R
- Mary Wanjiku Gitonga -vs- R
- Francis Karioko Muruatetu & Another
- Evans Nyamari Ayako vs. Republic - Kisumu (Court of Appeal) Criminal Appeal No. 22 of 2018
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