[2024] KEHC 2260 (KLR)
The court found that the offence of murder committed by the accused was of a very serious nature, depriving the deceased of her life and causing significant psychological and emotional harm to her dependants. The court considered the Victim Impact Statement, which detailed the devastating effects on the deceased's...
Source-derived case information.
- Citation
- [2024] KEHC 2260 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Nzimo Bakari
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 52 of 2018
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- accused sentenced to 20 years imprisonment for murder
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Victim Impact Statement, Mitigation, Proportionality, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hamisi Nzimo Bakari
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should receive a custodial sentence for the offence of murder committed.
- 2 What weight should be given to the mitigation and victim impact statement in determining the appropriate sentence.
- 3 Whether the sentence should reflect the seriousness and consequences of the offence.
Ratio Decidendi
The court found that the offence of murder committed by the accused was of a very serious nature, depriving the deceased of her life and causing significant psychological and emotional harm to her dependants. The court considered the Victim Impact Statement, which detailed the devastating effects on the deceased's family, and the mitigation advanced by the accused, including his remorse, time spent in custody, and health challenges. However, the court held that the gravity of the offence and the need for deterrence outweighed the mitigating factors. The court applied the doctrine of proportionality and the relevant statutory provisions, determining that a custodial sentence was warranted....
Court Disposition
accused sentenced to 20 years imprisonment for murder
Orders
- The accused is sentenced to twenty (20) years imprisonment.
- The sentence shall run from 22nd November 2018 pursuant to Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Bakari (Criminal Case 52 of 2018) [2024] KEHC 2260 (KLR) (5 March 2024) (Sentence)
Neutral citation: [2024] KEHC 2260 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 52 of 2018
A. Ong’injo, J
March 5, 2024
Between
Republic
Prosecutor
and
Hamisi Nzimo Bakari
Accused
Sentence
1. The accused Hamisi Nzimo Bakari faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
2. Particulars of the offence are that on 20th day of October 2018 at Uwanja wa Ndege in Busa Sub-location, Vigurungani location, Kinango Sub-county within Kwale County, murdered Safu Bonaya.
3. The accused person was found guilty and convicted of the offence of murder. This court called for the Victim Impact Statement which was filed on 19th February 2024.
4. In mitigation, Ms. Nabwana Advocate for the accused person said the accused had been in custody since he was arrested in 2018 and the time spent in remand had achieved his rehabilitation, that the accused was remorseful to the deceased person’s family, that the accused was heavily denounced at the time of his arrest and that had the effect of retribution, and that what remains is restoring the accused person to his community so that he makes amends. The court was urged to apply the doctrine of proportionality in his sentence. The accused person was also said to have suffered from TB while in custody and had an accident in which his leg was injured.
5. The Victim Impact Statement indicates that the deceased person’s role as a breadwinner, a wife, a mother and a unifying factor to his immediate family fell apart after her demise and her immediate family suffered psychological and emotional harm. That her husband fell into depression and after he recovered, he left home and has never returned. The only surviving son of the deceased who was residing with her also left home and wanders from place to place doing nothing meaningful and says staying the neighbourhood reminds him of his mother and her brutal murder. The daughter to the deceased has been left with the burden of parenting her two younger siblings in addition to her own and they all want the accused person to be punished in accordance with the law.
6. In consideration of the Victim Impact Statement, mitigation by the accused person and the circumstances of the offence herein, this court finds that the offence committed by the accused person and the manner in which it was committed is very serious. The accused person deprived the deceased of her life contrary to Article 26 (1) and (3) of the Constitution of Kenya 2010 and did not care that the action was going to have far reaching psychological effects on the dependants of the deceased.
7. The offence committed requires a deterrent sentence that mirrors the negative consequences of one’s involvement in criminal activities. A custodial sentence is called for and I hereby sentence the accused person to a term of twenty (20) years imprisonment. The sentence to run from 22nd November 2018 pursuant to Section 333(2) of the Criminal Procedure Code. Right of appeal within 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 5TH DAY OF MARCH 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMs. Nabwana Advocate for the AccusedAccused person present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Copies of judgement and proceedings to be supplied to the defence and state.