[2024] KEHC 6208 (KLR)
The court, after considering the mitigation by the accused, the pre-sentence report, and the period of seven years already spent in custody, determined that a custodial sentence was appropriate. The court also took into account the accused's conduct while on bond since 2017, noting the absence of any adverse...
Source-derived case information.
- Citation
- [2024] KEHC 6208 (KLR)
- Parties
- Applicant: Republic; Defendant: Chrispo Owiso Atieli
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to five years imprisonment commencing 26th January 2024
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Principles, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chrispo Owiso Atieli
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused considering the period spent in custody and the mitigation presented.
- 2 Should the time already spent in custody be considered in determining the sentence.
Ratio Decidendi
The court, after considering the mitigation by the accused, the pre-sentence report, and the period of seven years already spent in custody, determined that a custodial sentence was appropriate. The court also took into account the accused's conduct while on bond since 2017, noting the absence of any adverse incidents. Applying the objectives of sentencing and the relevant legal provisions, the court sentenced the accused to five years' imprisonment, with the sentence to commence from the date of conviction, 26th January 2024.
Court Disposition
accused sentenced to five years imprisonment commencing 26th January 2024
Orders
- The accused is sentenced to five (5) years imprisonment to commence on 26th January 2024.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Atieli (Criminal Case 38 of 2011) [2024] KEHC 6208 (KLR) (20 May 2024) (Sentence)
Neutral citation: [2024] KEHC 6208 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 38 of 2011
PJO Otieno, J
May 20, 2024
Between
Republic
Prosecution
and
Chrispo Owiso Atieli
Accused
Sentence
1. The court has considered the address by Accused in mitigation and the Pre-sentence Report with the application of Objects of Sentencing in mind.
2. The court takes note of the fact that the Accused remained in custody between his date of arrest on 3rd June, 2011 and July, 2017 a period of seven (7) years.
3. The court further takes into account the fact that the Accused has been on bond since 2017 without any incidence on his safety.
4. The court having taken all into consideration sentences the Accused to an imprisonment term of five (5) years to commence on the 26th January, 2024 when she was convicted.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 20TH DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Osango for the AccusedCourt Assistant: Polycap