Republic v Waweru (Criminal Case 3 of 2020) [2025] KEHC 4765 (KLR) (24 March 2025) (Ruling) Neutral citation: [2025] KEHC 4765 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAROK CRIMINAL CASE 3 OF 2020 CM KARIUKI, J MARCH 24, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND BENSON WAWERU ..................................................................................... ACCUSED RULING 1. The accused is charged with Murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. 2. He pleaded not guilty and went into full hearing. He was found guilty and convicted on offence of murder. The court ordered for post-conviction report. 3. The state indicated that he is a first offender and as such he will be so treated. 4. In mitigation it was submitted that accused is repentant and remorseful. The court was urged to take that he has been in custody since 16/4/2020. 5. The post- conviction report (PCR) is negative as all parties are opposed to an alternative sentence but for custody. 6. In Kenya, sentencing principles aim for proportionality, equality/uniformity, accountability/ transparency, inclusiveness, respect for human rights, and adherence to domestic and international law. These principles guide courts in determining appropriate penalties for offenses, considering factors like the seriousness of the crime and the offender's circumstances. 7. The circumstance of this case is that the accused has been convicted of murder of a S (a minor) which evidence shows that he beheaded him for no apparent reason. The murder was of extreme cruelty which was not occasioned by any provocation of any justifiable ground. Even if the accused is said to https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4765/eng@2025-03-24 1
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have been in custody since 2020 and is said to be treated as first offender, he deserves a severe sentence. He is according to the post-conviction report un-repentant nor remorse and still insists he is innocent. 8. In the circumstances of the case herein the court makes the following orders. i. The accuse is sentenced serve a period having taken to account he has been in custody; he will be in prison for thirty-five (35) years. DATED AND DELIVERED IN NAROK THIS 24TH MARCH 2025 …………………………… CHARLES KARIUKI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/4765/eng@2025-03-24 2
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