[2020] KEHC 737 (KLR)
The court found that, despite the seriousness of the offence of murder, the accused was a first offender, had shown remorse, had already spent nearly seven years in remand, and his family was in dire circumstances due to his incarceration. The presentencing report was favourable, and reconciliation between the...
Source-derived case information.
- Citation
- [2020] KEHC 737 (KLR)
- Parties
- Applicant: Republic; Defendant: CMK
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 96 of 2014
- Procedural Posture
- Criminal Case / Ruling on Sentence
- Outcome
- Accused placed on probation for three years under supervision.
- Legal Topics
- Murder, Sentencing, Mitigation, Probation, First Offender, Presentencing Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
CMK
Defendant
Procedural Posture
Criminal Case / Ruling on Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for the offence of murder.
- 2 What mitigating circumstances, if any, justify a non-custodial sentence in this case.
Ratio Decidendi
The court found that, despite the seriousness of the offence of murder, the accused was a first offender, had shown remorse, had already spent nearly seven years in remand, and his family was in dire circumstances due to his incarceration. The presentencing report was favourable, and reconciliation between the accused's and deceased's families was ongoing. In light of these mitigating factors, the court determined that a non-custodial sentence was appropriate and placed the accused on probation for three years under supervision.
Court Disposition
Accused placed on probation for three years under supervision.
Orders
- The accused is placed on probation for three years under the supervision of the County Probation Officer.
- The conditions of probation are explained to the accused.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
CRIMINAL CASE NO. 96 OF 2017
FOMERLY MACHAKOS HCCRC NO.16 OF 2014
REPUBLIC ........................................... PROSECUTION
-VERSUS-
CMK .............................................................. ACCUSED
RULING ON SENTENCE
1. CMK the accused herein was charged and convicted of the offence of murder contrary to section 204 of the Penal Code.
2. The prosecution confirmed that he was a first offender. In mitigation Mr. Kioko holding brief for Mr. Makau Mutua submitted that the accused was remorseful and had been in custody since 2014. He also stated that the accused’s wife had become affected mentally and the couple’s children were being taken care of by the accused’s elderly mother.
3. This Court called for a presentencing report which was filed by the County Probation Officer Mr. Munyasia on 15th December, 2020.
4. The Officer interviewed persons from both accused’s and deceased’s families and filed a very detailed report. It shows that the accused has five (5) children, who are in form 2, classes 7, 6 and 5. The eldest dropped out of school in form 2 and got married. The report shows that the accused’s wife has developed mental problems and virtually does nothing substantive for the children.
The accused’s mother and his siblings are the ones supporting his children.
5. The report further confirms that the two families i.e. (deceased’s and accused’s) have began the reconciliation process. They expect to complete the process in May 2021.
6. I have considered the circumstances under which this offence was committed. The deceased was just stabbed once by the accused person and the stab was fatal. I have also considered the accused’s mitigation and the presentencing report. In particular, I have taken into account the following;
· The accused’s age (43 years).
· The period he has been in remand custody from 14th February, 2014 (6 years + 10 months).
· The current condition of his wife and the fate of his children who are minors.
· The reconciliation in progress between the two families.
· The presentencing report which is favourable.
7. In view of all the above, I find the accused suitable for a non-custodial sentence. I hereby place him on probation for three (3) years under the supervision of the County Probation Officer.
8. The conditions of probation are explained to the accused.
Delivered, signed & dated in open court this 18th day of December 2020, at Makueni.
……………………………….
H. I. ONG’UDI
JUDGE