[2024] KEHC 4373 (KLR)
The court found that, despite the accused's youth and status as a first offender, the offence of murder was grave and involved premeditation and extreme violence. The court determined that the sentence must reflect the seriousness of the crime, the loss suffered by the victim's family, and the need for deterrence....
Source-derived case information.
- Citation
- [2024] KEHC 4373 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Dzila Chirima
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2020
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Mitigation, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hamisi Dzila Chirima
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of murder.
- 2 What period of imprisonment is appropriate considering mitigation and time spent in remand custody.
- 3 Whether the sentence should reflect the seriousness of the offence and the impact on the victim's family.
Ratio Decidendi
The court found that, despite the accused's youth and status as a first offender, the offence of murder was grave and involved premeditation and extreme violence. The court determined that the sentence must reflect the seriousness of the crime, the loss suffered by the victim's family, and the need for deterrence. However, the court also considered the period the accused spent in remand custody and his mitigation. Consequently, the court imposed a custodial sentence of 20 years, less the time already served in remand, resulting in a final sentence of 19 years, 6 months, and 23 days imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 20 years imprisonment for murder, less the period spent in remand custody (5 months and 7 days), resulting in a sentence of 19 years, 6 months, and 23 days.
- Right of appeal explained within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Chirima (Criminal Case E022 of 2020) [2024] KEHC 4373 (KLR) (18 January 2024) (Sentence)
Neutral citation: [2024] KEHC 4373 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E022 of 2020
A. Ong’injo, J
January 18, 2024
Between
Republic
Prosecution
and
Hamisi Dzila Chirima
Accused
Sentence
1. The accused was found guilty of the murder of Matari Ngome Mutuku and was convicted by this Court on 5th October 2023. This court called for Pre-Sentence Report & Victim Impact Statement which were duly filed on 13th December 2023.
2. This court has considered the accused person’s mitigation particularly that he is a young man of only 33 years and that he is a 1st Offender. This court has also considered the sentiments in the pre-sentence report and the Victim Impact Statement but murder is such a serious offence. The life of the deceased was cut short for no apparent reason. The accused and others not before court at large lured the deceased to scene where they used heavy stones to crush him on the chest and teeth respectively.
3. The deceased person’s family deserve reparation whether or not this court exercises leniency. This court must pass punishment that mirrors its abhorrence to the reckless actions of the accused and his accomplices.
4. In the circumstances the accused is sentenced to serve 20 years imprisonment. The sentence to factor in period spent in remand custody from 29th December 2020 to 6th May 2021 when accused was released on bond i.e. 5 months & 7 days. Sentence is 19 years, 6 months and 23 days.
5. Right of Appeal – 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 18TH DAY OF JANUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateAccused present in personMs. Lozi Advocate for accused – present virtuallyHON. LADY JUSTICE A. ONG’INJOJUDGE