Peter Kariuki-Muibau v Republic [2021] KEHC 6129 (KLR)

Facts

The Applicant was convicted of murder and sentenced to death. He appealed to the Court of Appeal, which affirmed the conviction and sentence. The Supreme Court held that the mandatory death penalty was unconstitutional.

Issues

1. Whether the mandatory death penalty is unconstitutional.
2. Whether the Applicant should be sentenced to death or a non-custodial sentence.

Reasoning

The court considered the circumstances of the offence, the Applicant's rehabilitation efforts, and the guidelines for mitigating factors. The mandatory nature of the death penalty was deemed unconstitutional.

Outcome

The death sentence is set aside and the Applicant is sentenced to 30 years imprisonment.

Authorities cited