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Court of AppealDismissedNot stated in the judgment· [2025] KECA 2131 (KLR)

Vincent Gikundi Nyaga v Republic

Court of Appeal of Kenya
5 December 2025
WKW. KaranjaSKS. ole KantaiALAli-Aroni
1,406 words in judgment
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The bottom line

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Kenya's Court of Appeal upheld a death sentence for the murder of a toddler, confirming the death penalty remains a lawful option after the Muruatetu decision.

What this practically means

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Executive summary

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This was a first appeal to the Court of Appeal at Nyeri against the death sentence imposed on Vincent Gikundi Nyaga following his conviction for the murder of his 2½-year-old son by the High Court at Meru. The appellant murdered the child on 15th February 2009 after luring the child's mother to surrender the boy, strangling him and inflicting multiple skull and cervical fractures, and dumping the body in a pit latrine. He was convicted after trial before Wendo, J and sentenced to death by Mabeya, J on 21st March 2018. Before the Court of Appeal, counsel abandoned the appeal against conviction and pursued only the sentence, invoking the Supreme Court's decision in Francis Karioko Muruatetu, submitting that the appellant had spent 15 years in custody, was remorseful, reformed, and now 62 years old, and asking for resentencing to a term of imprisonment. The court held that Muruatetu declared only the mandatory nature of section 204 of the Penal Code unconstitutional; the death sentence remains lawful and a trial judge retains discretion to impose it after considering aggravating factors, mitigation, personal circumstances and victim impact. The court found that Mabeya, J had been aware of Muruatetu and had properly exercised that discretion on the circumstances of the offence. Adopting the settled principles in Bernard Kimani Gacheru v Republic on non-interference with discretionary sentences, the court agreed the death sentence was well deserved and dismissed the appeal.

Key legal issues

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01

Whether the mandatory-death declaration in Muruatetu entitled this appellant to resentencing

Holding

No. Muruatetu removed only the mandatory nature of the death sentence; the death sentence remains lawful and the trial judge, having considered the circumstances and mitigation, properly exercised discretion in imposing death.

Reasoning

The court noted that Mabeya, J was aware of Muruatetu at sentencing and considered the circumstances of the murder before imposing death. The Supreme Court had declared only the mandatory wording of section 204 unconstitutional, leaving the death penalty available. The discretion conferred by Muruatetu had in fact been exercised, and the aggravating circumstances - the savage killing of a 2½-year-old child - amply justified the sentence.

p. 3
02

The standard for appellate interference with a discretionary sentence

Holding

An appellate court will not interfere with sentence unless it is manifestly excessive, or the trial court overlooked a material factor, took into account wrong material, or acted on a wrong principle.

Reasoning

The court adopted the classic statement in Bernard Kimani Gacheru v Republic, reaffirming that sentence rests in the discretion of the trial court and depends on the facts of each case. The fact that the appellate court might itself have imposed a different sentence is not sufficient ground for interference. None of the recognised grounds for interference was shown here.

p. 3

Legal principles established

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  • The death sentence remains a lawful sentence in Kenya; only the mandatory nature of section 204 of the Penal Code was declared unconstitutional, leaving trial judges discretion to impose either death or a term sentence.
  • An appellate court will not interfere with a trial court's discretionary sentence unless it is manifestly excessive, or the trial court overlooked a material factor, took into account wrong material, or acted on a wrong principle.
  • In exercising sentencing discretion after Muruatetu, a trial judge may impose the death sentence where aggravating factors, mitigation, personal circumstances of the convict and victim impact statements justify it.

Court orders

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  1. 1.The appeal against sentence was dismissed
  2. 2.The death sentence imposed by the High Court was upheld
On appeal from
High Court at Meru
Not stated in the judgment
Jurisdiction invoked
First appeal under the Court of Appeal's appellate jurisdiction (Constitution of Kenya, 2010, article 164; Criminal Procedure Code) - not expressly stated in the judgment

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Vincent Gikundi Nyaga v Republic", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2131/eng@2025-12-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.