REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL CASE NO. 85 OF 2013 REPUBLIC………………………………………………………………………...PROSECUTOR VERSUS MUSA ADIKA MUDAVILA……………………………………………………………….ACCUSED Sentence Musa Adika Mudavila was tried and convicted for murder of Douglas Oloo Kimonge, the deceased who had gone missing together with the car registration number KBR 440Z which he had been operating as a taxi on 24th December 2012. The decomposing body of the deceased was found in Kibera in Nairobi on 28th December 2012. The vehicle was found one month later on 24 th January 2013 in Webuye. The accused failed to explain the circumstances under which he came by the vehicle. The accused told the court upon conviction that he had no mitigation to make. The court called for the previous records of the accused before sentencing him. The prosecution counsel informed the court that the accused may be treated as a first offender. The law under section 204 of the Penal Code provides only one sentence for murder. This is death. This court therefore has no discretion in the matter. In view of this I hereby sentence the accused, Musa Adika Mudavila to suffer death as authorized by the law. The accused has been informed of his right of appeal within fourteen (14) days from today’s date. It is so ordered. Dated, signed and delivered this 17th day of December 2015 S. N. MUTUKU JUDGE In the presence of: Ms Macharia for the prosecution Ms C. Odembo for the accused Mr. Musa Adika Mudavila, the accused Mr. Daniel Ngumbi, court clerk
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.