Samson Mithika Alias Kaboi v Republic
The bottom line
#Kenya's Court of Appeal replaced a murder convict's death sentence with 25 years' imprisonment, applying the Muruatetu ruling against mandatory death penalties.
What this practically means
#Executive summary
#Key legal issues
#Review of a pre-Muruatetu mandatory death sentence
Because the appellant was sentenced when the death penalty was mandatory, and despite mitigation the trial judge held the offence carried a mandatory death penalty, he deserves a review of his sentence.
The court applied the Supreme Court's decisions in Muruatetu (2017) and the Muruatetu (2021) directions confirming that section 204 of the Penal Code, in so far as it prescribed a mandatory death sentence for murder, was unconstitutional. A sentence imposed under that regime was not an exercise of judicial discretion. The court considered mitigation, the appellant's remorse, and his personal circumstances, and concluded the sentence should be varied to a custodial term rather than left as death.
Appropriate substituted sentence
The court varied the death sentence to 25 years imprisonment running from the date of sentence before the High Court.
Balancing the appellant's concession and remorse, his personal circumstances (age 55, father of six including minors, alleged reformation) against the gravity of taking an innocent life, the court held that the progressive jurisprudence conferring sentencing discretion warranted interference with the sentence. It substituted a fixed 25-year term computed from the original High Court sentence date, a disposition reflecting both retribution and the chance of rehabilitation.
Legal principles established
#- Where a trial court imposed the mandatory death sentence for murder before the Muruatetu decision, an appellate court may interfere with and vary that sentence with a term of imprisonment on review.
- The death penalty remains available as a discretionary maximum punishment for murder; only its mandatory nature was struck down.
Court orders
#- 1.The sentence of death imposed against the appellant by the trial court on the 23rd October, 2015 is set aside
- 2.In substitution, the appellant is sentenced to 25 years imprisonment from the date of sentence before the High Court
- On appeal from
- High Court
- Jurisdiction invoked
- First appellate jurisdiction over an appeal from the High Court in a murder trial (Article 164(1)(a) of the Constitution implied by the court's composition; not expressly cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samson Mithika Alias Kaboi v Republic", Case Analysis (2026). Not stated in the judgment (memorandum of appeal dated 30th October, 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1399/eng@2026-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.