[2024] KEHC 15242 (KLR)
The court found that, despite the accused's status as a first offender and his personal circumstances, the seriousness of the offence—murder—necessitated a custodial sentence. The court applied the principles set out in Francis Muruatetu & another v Republic [2017] eKLR, which guide sentencing in murder cases,...
Source-derived case information.
- Citation
- [2024] KEHC 15242 (KLR)
- Parties
- Applicant: Republic; Defendant: Mickey Ochieng Ambet
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 25 years imprisonment for murder, with time in custody to be considered
- Judges
- RE Aburili
- Legal Topics
- Murder, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mickey Ochieng Ambet
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of murder.
- 2 What mitigating factors should be considered in sentencing the accused.
Ratio Decidendi
The court found that, despite the accused's status as a first offender and his personal circumstances, the seriousness of the offence—murder—necessitated a custodial sentence. The court applied the principles set out in Francis Muruatetu & another v Republic [2017] eKLR, which guide sentencing in murder cases, including consideration of mitigation and the period already spent in custody. The court determined that justice would best be served by imposing a sentence of twenty-five years imprisonment, with credit for time already served in custody.
Court Disposition
accused sentenced to 25 years imprisonment for murder, with time in custody to be considered
Orders
- The accused is sentenced to serve twenty-five (25) years imprisonment.
- The period spent in custody upon arrest and after the prosecution case was closed shall be taken into account.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Ambet (Criminal Case 3 of 2019) [2024] KEHC 15242 (KLR) (27 November 2024) (Sentence)
Neutral citation: [2024] KEHC 15242 (KLR)
Republic of Kenya
In the High Court at Kisumu
Criminal Case 3 of 2019
RE Aburili, J
November 27, 2024
Between
Republic
Prosecutor
and
Mickey Ochieng Ambet
Accused
Sentence
1. The accused person Mickey Ochieng Ambet has been found Guilty of the offence of murder contrary to Section 203 of the Penal Code. He has been convicted. He has mitigated. He is a first offender, married with children and is the bread winner for his family and the extended family. He is remorseful and prays for leniency of the court.
2. I have considered the circumstances of the offence as committed and the mitigations. I have also considered the principles that guide sentencing and the purposes and objects of sentencing.
3. The deceased lost his life in very unfortunate circumstances and through the cruel hand of the accused. The deceased too had a family that loved him.
4. In the circumstances of this case, justice can only be served if a custodial sentence is imposed.
5. I hereby apply the principles of sentencing espoused in Francis Muruatetu & another v Republic [2017]e KLR case and sentence the accused person to serve Twenty-Five (25) years imprisonment.
6. The period he has been in custody upon arrest and later after the prosecution case was closed shall be taken into account.
7. Right of Appeal is 14 days explained to the Court of Appeal.
8. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE