REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL CASE NO. 21 OF 2014 LESIIT J REPUBLIC ….……………………….....PROSECUTOR VERSUS EDWARD WAITHIRU KAGO….…………....ACCUSED SENTENCE 1. The accused person was convicted of murder contrary to Section 203 as read with Section 204 of the Penal Code. 2. The state has treated the accused as a first offender as they do not have his records. 3. The accused did not wish to give any mitigation in this case. 4. I have considered the facts and circumstances of this case. This was a most vile act. The accused decapitated the deceased. The deceased was his paternal uncle. Most importantly the accused has shown no remorse for his action. 5. I noted that the accused has been in custody since March 2014 when he was arraigned in court for this offence. 6. Having considered all these factors, I sentence the accused to death as by law prescribed. 7. The accused has a right to appeal against both the conviction and the sentence within 14 days from the date of this sentence. DATED AT NAIROBI THIS 14TH DAY OF MARCH, 2017 LESIIT, J JUDGE
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