[2023] KEHC 24623 (KLR)
The court determined that the offence of murder committed by the accused persons was grave, resulting in the loss of an innocent life and causing significant psychological and economic harm to the deceased's family. The court considered the victim impact statement, which detailed ongoing trauma and threats to the...
Source-derived case information.
- Citation
- [2023] KEHC 24623 (KLR)
- Parties
- Applicant: Republic; Defendant: Chakaya Nicholas Chigumba alias Chigumba Foyo; Defendant: Kapote Janga alias Wasi Kapote; Defendant: Nyale Lugo alias Hamisi alias Chibogo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2019
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chakaya Nicholas Chigumba alias Chigumba Foyo
Defendant
Kapote Janga alias Wasi Kapote
Defendant
Nyale Lugo alias Hamisi alias Chibogo
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused persons should receive a deterrent and proportionate sentence for the offence of murder.
- 2 What weight should be given to the victim impact statement in sentencing.
Ratio Decidendi
The court determined that the offence of murder committed by the accused persons was grave, resulting in the loss of an innocent life and causing significant psychological and economic harm to the deceased's family. The court considered the victim impact statement, which detailed ongoing trauma and threats to the family, and found that a deterrent and proportionate sentence was necessary. The court concluded that a 25-year term of imprisonment for each accused was appropriate to reflect the seriousness of the crime, uphold the sanctity of life, and serve as a deterrent to others.
Court Disposition
convicted and sentenced
Orders
- Each accused person to serve 25 years imprisonment.
- Right of appeal within 14 days from 13/03/2019.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Chigumba alias Chigumba Foyo & 2 others (Criminal Case 6 of 2019) [2023] KEHC 24623 (KLR) (17 October 2023) (Sentence)
Neutral citation: [2023] KEHC 24623 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 6 of 2019
A. Ong’injo, J
October 17, 2023
Between
Republic
Prosecutor
and
Chakaya Nicholas Chigumba alias Chigumba Foyo
1st Accused
Kapote Janga alias Wasi Kapote
2nd Accused
Nyale Lugo alias Hamisi alias Chibogo
3rd Accused
Sentence
1. The accused persons Chakaya Nicholas Chigumba alias Chigumba Foyo, Kapate and Nyale Lungo alias Hamisi alias Chibogo were found guilty of the offence of Murder under Section 203 as read with Section 204 of the Penal Code in Judgement delivered on 2nd August 2023.
2. This Court called for Victim Impact Statement which is dated 20/09/2023. The Victim Impact report indicates that the Secondary Victims have never recovered from the traumatic psychological effect of the murder of their husband, father and sole bread winner of the nuclear family. They also reported that they have continued to receive threat from people they think are allies of the accused persons and they made report at Taru Police Station on 6/09/2019 vide OB No. 10. The victims therefore seek the court to apply a punitive & detergent measure.
3. Having considered the mitigation by the accused person’s advocates and the Victim Impact Statement this court finds that the offence committed by the accused persons calls for not only a deterrent sentence but also a punishment proportional to the offence committed.
4. The innocent and sacrosanct life of the deceased was cut short for no apparent reason. The accused person’s infringed the constitutional right of the deceased to life and exposed his dependents to emotional & psychological trauma as well as economic hardship.
5. This court finds that a jail sentence of 25 years would suffice. They will therefore serve 25 years Imprisonment. Right of Appeal – 14 days from 13/03/2019.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 17TH DAY OF OCTOBER, 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE