Two sentenced to death for murder

A former police officer and a businessman have been sentenced to death for the murder of former assistant minister Patrick Muiruri Kariuki’s son. (Read: We have proved two killed ex-MP’s son: State)

Justice Mohammed Warsame on Wednesday committed Dickson Mwangi Munene and Alexander Chepkonga to hang for the murder of Dr James Ng’ang’a Muiruri on January 24, 2009, in Westlands, Nairobi.

Justice Warsame said although the death penalty for capital offenders had been criticised, it had not been abolished in the Constitution.

He said the death sentence “serves as a punishment for those who take away lives of others intentionally.”

“I sentence you to die as prescribed under the law. There is only one sentence provided for under Section 203 as read with Section 204 of the Penal Code. Death.”

The judge said the penalty “has been said to be cruel, a miscarriage of justice and denying convicts the right to live.”

But he added that “the convicts had also taken away lives of other persons who had a right to live.”

He said justice must also address itself to the rights of the dead.

“Courts must uphold justice the way the law pronounces it,” the judge ruled.

The prosecution, led by State counsel Job Kaigai, Victor Mule and Vincent Monda called 23 witnesses whom the judge said proved the case beyond reasonable doubt.

Immediately after the sentence was passed, Chepkong’a’s lawyer Philip Murgor applied to have his client released on bail pending appeal.

Munene’s lawyer Kioko Kilukumi did not apply for the same.

Mr Murgor said the judge erred in law when he denied the defence an opportunity to cross-examine some five crucial witnesses.

Mr Kaigai opposed the application, saying “Chepkonga will abscond now that he has been found guilty and sentenced to hang.”

The judge dismissed the bail application.

“ I was convinced the two murdered Dr Muiruri; that is why I sentenced them to hang. I am guided by the oath of office and my faith when discharging my duties. I decline the bail application by Chepkonga,” he ruled.

The convicts have 14 days to appeal against the sentence.