[2018] KEHC 1285 (KLR)
The court found that the offence was aggravated by the fact that the murder was accompanied by a felonious act (rape) against another victim. While the accused was young and had spent two years in custody before being released on bail, the seriousness of the offence warranted a substantial custodial sentence. The...
Source-derived case information.
- Citation
- [2018] KEHC 1285 (KLR)
- Parties
- Respondent: Republic; Defendant: Benson Ladama Kimeleny
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2015
- Procedural Posture
- Criminal Case / Ruling on Sentence
- Outcome
- convicted and sentenced
- Legal Topics
- Murder, Sentencing, Mitigation, Rape, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benson Ladama Kimeleny
Defendant
Procedural Posture
Criminal Case / Ruling on Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
- 2 Whether the accused's mitigation and time spent in custody should affect the sentence imposed.
Ratio Decidendi
The court found that the offence was aggravated by the fact that the murder was accompanied by a felonious act (rape) against another victim. While the accused was young and had spent two years in custody before being released on bail, the seriousness of the offence warranted a substantial custodial sentence. The court balanced the aggravating and mitigating factors and determined that a sentence of eighteen years imprisonment was appropriate in the circumstances.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to eighteen (18) years imprisonment.
- The accused is informed of his right of appeal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 53 OF 2015
REPUBLIC.................................................PROSECUTOR
VERSUS
BENSON LADAMA KIMELENY....................ACCUSED
RULING ON SENTENCE
The accused, BENSON LADAMA KIMELENY, was charged and convicted of the offence of murder contrary to section 203 as read with section 204 of the Penal code for the murder of EMMANUEL LEMASHON KONGU on 25th October 2015 at Kilgoris Township in Transmara West within Narok County.
The brief facts are that he followed the deceased and his lover before viciously attacking him and raping PW 1. I am satisfied that the offence is serious as it was coupled with a felonious act on another victim.
I have considered the mitigation as the accused is young and prays for leniency. Taking into account that he spent two years in custody before he was released on bail, I sentence the accused to eighteen (18) years imprisonment. He is informed of his right of appeal.
Dated and delivered at Kisii this 3rdday of December 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Mr. Nyangacha Advocate, for the accused.