[2024] KEHC 11248 (KLR)
The court considered the accused's remorse and lack of previous convictions as mitigating factors, treating him as a first offender. However, the court found that the violent loss of life, in which the accused participated as part of a mob, required a sentence that upholds the sanctity of human life. The inability...
Source-derived case information.
- Citation
- [2024] KEHC 11248 (KLR)
- Parties
- Applicant: Republic; Defendant: Josephat Amam
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 37 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 25 years' imprisonment for murder
- Judges
- SC Chirchir
- Legal Topics
- Murder, Sentencing, Mitigation, First Offender, Remorse, Sanctity of Life
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Josephat Amam
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to the maximum penalty for murder or benefit from mitigating factors.
- 2 Whether remorse and lack of previous convictions should reduce the sentence imposed.
- 3 Whether the inability to trace the accused's family affects the weight of mitigation.
Ratio Decidendi
The court considered the accused's remorse and lack of previous convictions as mitigating factors, treating him as a first offender. However, the court found that the violent loss of life, in which the accused participated as part of a mob, required a sentence that upholds the sanctity of human life. The inability to trace the accused's family for a social inquiry diminished the weight of his claim regarding family responsibilities. Balancing these factors, the court determined that a custodial sentence of 25 years' imprisonment was appropriate, commencing from the date of conviction.
Court Disposition
accused sentenced to 25 years' imprisonment for murder
Orders
- The accused is sentenced to 25 years in prison, effective from the date of conviction.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Amam (Criminal Case 37 of 2018) [2024] KEHC 11248 (KLR) (26 August 2024) (Sentence)
Neutral citation: [2024] KEHC 11248 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 37 of 2018
SC Chirchir, J
August 26, 2024
Between
Republic
Prosecution
and
Josephat Amam
Accused
Sentence
1. The accused was charged , tried and convicted of the murder of Joram Kavosi Agani( Deceased).
2. The court ordered for a social inquiry report prior to sentencing, but the Probation officer , Ms Grace Akhabi later reported to the court that they were unable to trace the family members of the accused and hence were not in a position to carry out any social inquiry.
3. In mitigation through his counsel Mr. Matete , the Accused told the court he was remorseful; that he has an elderly mother whom he was taking care of; that while out on bond, he had integrated well with the society. He further states that he appreciates the gravity of the offence but prays for leniency.
4. On the part of the state the prosecution submits that the Accused should face the full face of law; that he is convicted of murder and that the sentence should reflect the sanctity of life.
5. I have considered the plea of remorse. There was also no reference to any previous conviction. Therefore I will treat him as a first offender.
6. It is stated that he has integrated well in the community and has a mother who the accused is taking care.I am not persuaded by this part of his submissions. If he has a mother, how comes the probation officers could not trace any family member for purposes of social inquiry.
7. Nevertheless, remorse and being a first offender are mitigating factors and I have taken this into consideration.
8. However, there was a loss of life, taken away violently, by a mob in which the Accused was part of. I agree with the prosecution that the sentence must speak to the sanctity of human life.
9. Taking into consideration all the foregoing, I hereby sentence the accused to 25 years in prison. The sentence will take effect from the date of conviction.
10. The Accused has a right of Appeal limited to the next 14 days.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26TH DAY OF AUGUST, 2024. S. CHIRCHIRJUDGEIn the presence of :Godwin Luyundi- Court AssistantAccused – presentMs Osoro for DPP