[2023] KEHC 26027 (KLR)
The court found that, although the accused claimed remorse and had no previous convictions, the circumstances of the offence were particularly egregious. The accused repeatedly assaulted the deceased, showing disregard for human life and dignity. While the accused was treated as a first offender due to lack of prior...
Source-derived case information.
- Citation
- [2023] KEHC 26027 (KLR)
- Parties
- Applicant: Director of Public Prosecution; Defendant: Silas Ligare Luychenje
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 35 years imprisonment
- Judges
- SC Chirchir
- Legal Topics
- Murder Sentencing, Mitigation Factors, First Offender Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director of Public Prosecution
Applicant
Silas Ligare Luychenje
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder.
- 2 Whether the accused's remorse and lack of previous convictions should mitigate the sentence.
Ratio Decidendi
The court found that, although the accused claimed remorse and had no previous convictions, the circumstances of the offence were particularly egregious. The accused repeatedly assaulted the deceased, showing disregard for human life and dignity. While the accused was treated as a first offender due to lack of prior convictions, the aggravating factors, including the brutality of the attack and the trauma inflicted on the deceased, warranted a substantial custodial sentence. The court balanced the mitigating and aggravating factors and determined that a sentence of 35 years' imprisonment was appropriate, with the sentence to run from the date of first arraignment.
Court Disposition
accused sentenced to 35 years imprisonment
Orders
- The accused is sentenced to 35 years in prison.
- The sentence shall take effect from 15th June 2020, being the date of first arraignment.
Full Case Text
Judgment text and source record
22 paragraphs
Director of Public Prosecution v Luychenje (Criminal Case 25 of 2020) [2023] KEHC 26027 (KLR) (30 November 2023) (Sentence)
Neutral citation: [2023] KEHC 26027 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 25 of 2020
SC Chirchir, J
November 30, 2023
Between
Director of Public Prosecution
Republic
and
Silas Ligare Luychenje
Accused
Sentence
1. The Accused, Silas Ligare Luchenje was convicted of the murder of Josphat Murua Shuvule by Justice Musyoka on 21st July 2023. The matter was later placed before me for purposes of sentencing only.
2. I have considered the presentencing report. The general finding is that the Accused has a history of violent tendencies. The assault on the deceased in particular, was not the first, as it is reported that he had repeatedly assaulted the deceased before.
3. In mitigation, his counsel submitted that the accused is remorseful and seeks for non-custodial sentence. However, the prosecutor points out that his continued denial of the offence in the face of conviction is at variance with his claim to remorsefulness. The prosecution has also urged the court to take into consideration the fact that there were previous reported cases of assault by the Accused directed at the Deceased.
4. I have also considered the respective submissions. Remorse is a mitigating factor. Further despite what is indicated in the presentencing report, there is no evidence of previous conviction and therefore I will treat the accused as a first offender.
5. I have further considered the circumstances of the offence. Witnesses’ accounts show that the accused kept on stepping on the deceased who was already down, and taunted him as he held a panga. The deceased was therefore subjected to a lot of trauma before the he died. The circumstances of the attack portray the accused as a person with no regard to human – life and dignity. He is a kind of person who needs to be kept away from society for a while.
6. Taking into consideration all the aforegoing I hereby sentence the accused to 35 years in prison. The sentence will take effect from 15. 6.2020 being the date that the accused was first arraigned in court.
7. Right of Appeal -14 days
DATED, SIGNED AND DELIVERED IN OPEN COURT ON 30TH DAY OF NOVEMBER, 2023. S. CHIRCHIRJUDGE