REPUBLIC OF KENYA High Court at Kakamega Criminal Case 4 of 2006 REPUBLIC ............................................................................... PROSECUTOR VERSUS ANDREW CHITUBI MUSIEBA ................................................... ACCUSED SENTENCE The accused person was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Mr. Aburili, counsel for the accused submitted that the accused has a wife and four children. He is aged 42 years and is remorseful. From the evidence on record, the deceased was a young lady aged 11 years old. She was sexually assaulted and then killed by the accused. I do find that the accused’s action was beastly and does not deserve any mercy from the court. The punishment for murder is death sentence under our laws. The Court of Appeal has ruled that the death penalty is inhuman and degrading. Taking the circumstances of the case, I do sentence the accused to serve twenty five (25) years imprisonment. Delivered, dated and signed at Kakamega this 31st day of January, 2013 SAID J. CHITEMBWE JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.