For the murder of medical student Ivy Wangeci in Eldoret four years ago, Naftali Kinuthia was given a 40-year jail sentence.
Judge Stephen Githinji declared that the crime was severe and demanded a heavy punishment for the defendant.
Although the judge acknowledged that an innocent soul had been lost, he also took into account the victim's and accused's attorneys' pleas. Mathenge Wokabi was the accused's attorney.
Githinji stated that the court could not accept the concept of a tooth for a tooth while rendering a decision, despite the victim's and the state's attorneys pleading for the death penalty.
Kinuthia had already argued that a non-custodial punishment would grant him a second opportunity at life.
Attorney Wakabi argued vehemently in mitigation prior to Justice Githinji rendering the decision.
Githinji had declared Kinuthia guilty of Wangeci's murder last month.
"Your honour we plead for a non-custodial sentence to give the accused a second chance in life so that he can re-integrate with his family and society and make out of his educational skills," Wokabi said.
"Although Kinuthia may not have expressed remorse at an early stage, he did so during his defense."
Wokabi further contended that the accused had not contacted the deceased's family or interfered with witnesses.
He noted that because the relatives of the deceased and the accused had known each other for a long time, the court ought to take into account their positive relationship.
"We urge this court to consider any other sentence other than the death sentence," Wokabi said.
Even if the accused regrets his conduct, he had argued that the sentence should not be an act of vengeance and would not bring the deceased back to life.
In his decision from last month, Githinji stated that the accused was found guilty of murder because the prosecution had proven the crime beyond a reasonable doubt.
The accused said he was provoked after Ivy abandoned their romantic relationship and pursued another guy, but the judge disregarded Kinuthia's explanation.
The accused had maintained that his case was motivated by a heated argument and provocation, but the judge disregarded this explanation.
The judge pointed out that there was no proof to support Kinuthia's allegation that they had a close relationship.
"Even text messages reviewed did not prove evidence of an intimate relationship and the the accused did not also prove a sexual relationship with the deceased," Githinji said.
He said that Ivy and Kinuthia were just longtime friends and not married.
He mentioned that the deceased had little hope of survival after the accused struck her multiple times with a deadly weapon, an axe.
"If he did not want to kill her he would have used bare fists on her and not the axe," Githinji said.
The judge stated that Kinuthia's allegations of provocation were untrue. From the Eldoret GK prison, Kinuthia virtually followed the proceedings.
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