[2020] KEHC 8776 (KLR)
The court, after considering the circumstances of the offence, the mitigation by the 1st accused, his admission to a lesser offence which saved judicial time, the pre-sentence report, and the period already spent in prison, determined that a custodial sentence of 7 years imprisonment was appropriate. The sentence...
Source-derived case information.
- Citation
- [2020] KEHC 8776 (KLR)
- Parties
- Applicant: Republic; Defendant: Albert Kaiyongi Kubania; Defendant: Andrew Mutia Kubania
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- conviction_and_sentence
- Judges
- A Mabeya
- Legal Topics
- Sentencing, Mitigation, Plea Bargaining
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Albert Kaiyongi Kubania
Defendant
Andrew Mutia Kubania
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation?
- 2 Should the period already served in prison be considered in sentencing?
Ratio Decidendi
The court, after considering the circumstances of the offence, the mitigation by the 1st accused, his admission to a lesser offence which saved judicial time, the pre-sentence report, and the period already spent in prison, determined that a custodial sentence of 7 years imprisonment was appropriate. The sentence reflects both the seriousness of the offence and the mitigating factors presented by the accused.
Court Disposition
conviction_and_sentence
Orders
- The accused is sentenced to 7 years imprisonment.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL CASE NO 9 OF 2017
REPUBLIC ..................................................................................PROSECUTOR
VERSUS
ALBERT KAIYONGI KUBANIA...............................................1ST ACCUSED
ANDREW MUTIA KUBANIA ...................................................2ND ACCUSED
RULING ON SENTENCE
1. I have considered the circumstances on which the offence was committed. I have considered the mitigation by the 1st accused. I have considered that he admitted the lesser offence and thereby saved the Court time.
2. I have also considered the Pre-sentence report filed on 16/01/2020.
3. I have also considered the period the accused has been in prison.
4. In view of the foregoing, I sentence the accused to 7 years imprisonment.
A. MABEYA
JUDGE
30/01/2020