REPUBLIC v MATHEWS KHAYADI & 3 others [2013] KEHC 5323 (KLR)

REPUBLIC OF KENYA

High Court at Kakamega

Criminal Case 10 of 2009

REPUBLIC................................................................................PROSECUTOR

V E R S U S

MATHEWS KHAYADI..............................................................1^ST ACCUSED

MAURICE ODONGO...............................................................2^ND ACCUSED

MICAH SHAMALA.................................................................3^RD ACCUSED

TITUS AMALEMBA...............................................................4^TH ACCUSED

S E N T E N C E

The four accused persons were found guilty of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Mr. Mukavale, counsel for the 1^st, 2^nd, and 4^th accused submitted in mitigation that the 1^st accused is 44 years old, married with five children. The 2^nd accused is 53 years old, married with ten children and the 4^th accused is twenty years old. They have been in custody since 2009. Mr. Nyikuli, counsel for the 3^rd accused submitted in mitigation that the accused is 39 years old. He has one wife and two children. He was the sole bread winner for his family.

With regard to the 4^th accused, the court record shows that on 15^th June 2009, the court directed that the accused be taken for age assessment. A report by Dr. Vuhya Lucy dated 17^th June 2009 indicate that by then the accused was over 18 years. The Doctor gave her approximate age as 21 years. The offence occurred on 15^th February 2009 and according to the age assessment report, he was already over 18 years by then. The accused was an adult when he committed the offence.

The court notes that the Court of Appeal has held that the death sentence is inhuman and degrading. However, the punishment for murder still remains the death penalty under our laws. Courts have of late imposed prison sentences. Taking into account the mitigation by counsels for the accused and the circumstances of the case, each accused person is hereby sentenced to serve Twenty (20) years imprisonment.

Delivered, dated and signed at Kakamega this 31^st day of January 2013