[2023] KEHC 26799 (KLR)
The court considered both the mitigating factors—remorse, first offender status, reconciliation with the victim’s family, and lack of premeditation—and the aggravating factor that a life was lost. The Kenya Judiciary Sentencing Policy Guidelines were applied, recognizing the accused’s positive attributes and...
Source-derived case information.
- Citation
- [2023] KEHC 26799 (KLR)
- Parties
- Applicant: Republic; Defendant: Fredrick Arunga alias Odaa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 20 years imprisonment from date of conviction
- Judges
- SC Chirchir
- Legal Topics
- Murder Sentencing, Mitigating Factors, Aggravating Factors, Remorse, First Offender, Reconciliation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Fredrick Arunga alias Odaa
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder, considering the mitigating and aggravating factors?
- 2 Should the accused be granted a non-custodial sentence given his age, remorse, lack of criminal record, and reconciliation with the victim's family?
Ratio Decidendi
The court considered both the mitigating factors—remorse, first offender status, reconciliation with the victim’s family, and lack of premeditation—and the aggravating factor that a life was lost. The Kenya Judiciary Sentencing Policy Guidelines were applied, recognizing the accused’s positive attributes and circumstances. However, the court emphasized that the loss of life is a grave matter and the sentence must reflect the sanctity of human life. Balancing these considerations, the court determined that a custodial sentence was warranted and sentenced the accused to 20 years imprisonment, with the sentence to run from the date of conviction.
Court Disposition
accused sentenced to 20 years imprisonment from date of conviction
Orders
- The accused is sentenced to 20 years in prison, sentence to run from the date of conviction.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Arunga (Criminal Case 18 of 2019) [2023] KEHC 26799 (KLR) (19 December 2023) (Sentence)
Neutral citation: [2023] KEHC 26799 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 18 of 2019
SC Chirchir, J
December 19, 2023
Between
Republic
Prosecution
and
Fredrick Arunga alias Odaa
Accused
Sentence
1. The accused herein was convicted for murder on 2nd June 2023. Thereafter a presentencing report was prepared and parties were given a chance to submit
2. Through his advocate Mr. Kombwayo, the accused told the court that he is a young man of 27 years with a young family and urges the court to consider a non-custodial sentence.
3. He further submits that the circumstances surrounding the crime shows that the murder was not premeditated. He is however remorseful.
4. While referring to the presentencing report, counsel submitted that the Accused is a person of good character. It is further submitted that he has no previous criminal record, and has since reconciled with the deceased’s family.
5. Ms. Osoro on behalf of the Director of Public Prosecutions urges the court to balance the interest of the victim’s family and that of the accused.
6. I have considered both parties submissions as well as the presentencing report. Under the Kenya Judiciary Sentencing Policy Guidelines, remorse, being a first offender and seeking reconciliation with the victim’s family, are all mitigating factors (see paragraphs 23. 8.8,23. 8.7 and 23. 8.2 respectively, of the aforesaid sentencing guidelines)
7. However, this court cannot lose sight of the fact that a life was lost, as a result of the actions of the accused. The sentence meted out must speak to basic right to life of every individual and the sanctity of human life
8. Taking into consideration the aforesaid mitigating and aggravating factors, I hereby sentence the accused to 20 years in prison. The sentence will run from the date of conviction.
9. Right of Appeal- 14 days.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 19TH} DAY OF DECEMBER 2023. S. CHIRCHIRJUDGEIn the presence of:E. Zalo- Court AssitantMs. Osoro for the stateAccused- present.