[2018] KEHC 3728 (KLR)
The court, after considering the mitigation advanced on behalf of the accused, including his status as a first offender and the period already spent in custody, as well as the negative victim impact report and the circumstances of the offence, found that a custodial sentence was appropriate. The court determined...
Source-derived case information.
- Citation
- [2018] KEHC 3728 (KLR)
- Parties
- Applicant: Republic; Defendant: Ali Jillo Halake; Defendant: Abukargodo alias (Abdikadir Dabaso)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 98 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The 1st accused is sentenced to 10 years imprisonment.
- Judges
- A Mabeya
- Legal Topics
- Sentencing Principles, Mitigation, First Offender, Victim Impact, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ali Jillo Halake
Defendant
Abukargodo alias (Abdikadir Dabaso)
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be given a custodial sentence and the appropriate length of imprisonment.
Ratio Decidendi
The court, after considering the mitigation advanced on behalf of the accused, including his status as a first offender and the period already spent in custody, as well as the negative victim impact report and the circumstances of the offence, found that a custodial sentence was appropriate. The court determined that a sentence of 10 years imprisonment was just in the circumstances.
Court Disposition
The 1st accused is sentenced to 10 years imprisonment.
Orders
- The 1st accused is sentenced to 10 years imprisonment.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HC CRIMINAL CASE NO. 98 OF 2015
REPUBLIC...........................................................................................DPP
VERSUS
1. ALI JILLO HALAKE
2. ABUKARGODO ALIAS (ABDIKADIR DABASO)........ACCUSED
RULING ON SENTENCE
1. I have considered the mitigation made on behalf of the accused. That he is a first offender, that he has been in custody for 2 ½ years.
2. I have also considered the circumstances under which the offence occurred. I have also considered victim impact Report in record which is negative.
3. In the circumstances, I sentence the 1st accused to 10 years imprisonment.
A. MABEYA
JUDGE
27/09/18