[2021] KEHC 5660 (KLR)

[2021] KEHC 5660 (KLR)

The court found that while the applicant is entitled to resentencing following the Muruatetu decision, the circumstances of the offence—premeditated murder of a young woman with whom the applicant had an intimate relationship, use of a false identity, and lack of genuine remorse or reconciliation with the victim's family—are aggravating. The applicant's rehabilitation and positive conduct in prison are mitigating, but the gravity and planning of the offence weigh heavily against a lenient sentence. The court determined that a probation report is necessary to further assess the applicant's suitability for resentencing, and thus ordered the preparation of such a report before making a final...

Citation
[2021] KEHC 5660 (KLR)
Parties
Applicant: Alex Dimba Adhola; Respondent: Director of Public Prosecutions (DPP)
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
30 June 2021
Case Number
Miscellaneous Criminal Application 185 of 2018
Procedural Posture
Miscellaneous Criminal Application / Ruling on Resentencing Application; Order for Probation Report
Outcome
Probation report ordered prior to resentencing determination.
Judges
NA Matheka
Legal Topics
Resentencing, Mandatory Death Sentence, Mitigation Factors, Murder, Rehabilitation, Sentencing Guidelines
Source Language
English
Criminal Law Resentencing Mandatory Death Sentence Mitigation Factors Murder Rehabilitation Sentencing Guidelines

Case Brief

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Parties

Alex Dimba Adhola

Applicant

Director of Public Prosecutions (DPP)

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Resentencing Application; Order for Probation Report

Legal Issues

  1. 1 Whether the applicant is entitled to resentencing following the Supreme Court decision in Muruatetu declaring the mandatory death sentence unconstitutional.
  2. 2 What is the appropriate sentence for the applicant considering the circumstances of the offence and the offender.

Ratio Decidendi

The court found that while the applicant is entitled to resentencing following the Muruatetu decision, the circumstances of the offence—premeditated murder of a young woman with whom the applicant had an intimate relationship, use of a false identity, and lack of genuine remorse or reconciliation with the victim's family—are aggravating. The applicant's rehabilitation and positive conduct in prison are mitigating, but the gravity and planning of the offence weigh heavily against a lenient sentence. The court determined that a probation report is necessary to further assess the applicant's suitability for resentencing, and thus ordered the preparation of such a report before making a final...

Court Disposition

Probation report ordered prior to resentencing determination.

Orders

  • A Re-sentencing Report from the Probation and After Care Services, Nakuru, is to be prepared and availed within 30 days.
  • The Deputy Registrar is to serve this order on the Probation and After Care Services Officer, Nakuru County, for compliance.