[2020] KEHC 7294 (KLR)
The court found that although the offence of murder statutorily attracts the death penalty, the circumstances of the case, including the accused being a first offender and the specific facts leading to the death, warranted a departure from the maximum sentence. The court considered the mitigation presented by the...
Source-derived case information.
- Citation
- [2020] KEHC 7294 (KLR)
- Parties
- Defendant: Hassan Bagasa Karioki; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- REA Ougo
- Legal Topics
- Murder, Sentencing Principles, Mitigation, Death Penalty, First Offender, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hassan Bagasa Karioki
Defendant
Republic
Respondent
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or a custodial sentence for the offence of murder.
- 2 What mitigating circumstances, if any, should affect the sentence imposed on the accused.
Ratio Decidendi
The court found that although the offence of murder statutorily attracts the death penalty, the circumstances of the case, including the accused being a first offender and the specific facts leading to the death, warranted a departure from the maximum sentence. The court considered the mitigation presented by the defence, the probation report, and the views of the victim's family. The judge concluded that a custodial sentence of 30 years imprisonment was appropriate, balancing the gravity of the offence with the mitigating factors.
Court Disposition
convicted and sentenced
Orders
- The accused, Hassan Bagasa Karioki, is sentenced to 30 years imprisonment for the offence of murder.
- The accused has a right of appeal.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CORAM: R.E. OUGO J
HIGH COURT CRIMINAL CASE NO.19 OF 2019(MURDER)
HASSAN BAGASA KARIOKI....ACCUSED
VERSUS
REPUBLIC.........................PROSECUTION
SENTENCING
Hassan Bagaka Karioki has been convicted of the offence of murder I have considered the probation report. I have also considered his mitigation raised by his counsel.
The offence of murder carries a death sentence in law. In sentencing the accused I have once again considered the circumstances that led to the death of the deceased. It is apparent that the accused was out to cause harm to his wife but ended up stabbing his sister in law. This was uncalled for. A young person lost her life. The victim’s father is still very bitter. He asked the court to consider a custodial sentence. I note too that the accused person is a first offender considering all these facts I sentence Hassan Bagaka Karioki to 30 years imprisonment. The accused person has a right of appeal.
Dated, signed and delivered at KISII this 2nd day of March 2020.
R.E. OUGO
JUDGE
In the presence of;
Accused Hassan Bagasa Karioki
Mr. Nyagwencha h/b Mr. Godia For the accused person
Mr. Otieno Senior Prosecution Counsel office of the DPP
Ms. Rael Court Clerk