[2017] KEHC 946 (KLR)
The court found that although the accused had a favourable probation report and personal mitigating factors, the gravity of the offence—taking the law into his own hands and causing a painful death—required a custodial sentence. The court noted that the death penalty is no longer mandatory, and that retributive...
Source-derived case information.
- Citation
- [2017] KEHC 946 (KLR)
- Parties
- Respondent: Republic; Accused: Dabaso Dukicha Jaso
- Court
- High Court
- Court Station
- High Court at Marsabit
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to eighteen years imprisonment
- Judges
- SJ Chitembwe
- Legal Topics
- Sentencing Principles, Homicide, Death Penalty, Mitigation, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dabaso Dukicha Jaso
Accused
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to death or imprisonment for the offence committed.
- 2 Whether the circumstances of the offence and the accused's personal mitigation justify a lesser sentence than the death penalty.
Ratio Decidendi
The court found that although the accused had a favourable probation report and personal mitigating factors, the gravity of the offence—taking the law into his own hands and causing a painful death—required a custodial sentence. The court noted that the death penalty is no longer mandatory, and that retributive justice is not always the solution. Taking into account the accused's age and circumstances, the court sentenced him to eighteen years imprisonment as a proportionate response to the unlawful actions.
Court Disposition
accused sentenced to eighteen years imprisonment
Orders
- The accused is sentenced to serve eighteen (18) years imprisonment.
- Right of appeal explained as 14 days.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MARSABIT
CRIMINAL CASE NO.2 OF 2015
REPUBLIC
VERSUS
DABASO DUKICHA JASO
SENTENCE
19. 12. 2017
Before Hon. Justice Chitembwe – Judge
Prosecutor – Mr. Mwangangi for state
Court Assistant – Mr. Kashane
Accused – present
Interpretation English/Kiswahili
Mr. Nyenyire hold brief for Miss Muna
Mr. Nyenyire:
I have talked to Mr. Dabaso. The accused is 60 years old. He is a father of 3 and the sole bread winner. He regrets the circumstances under which the offence took place.
Mr. Mwangangi:
There was a life lost. The bible says life for life, bruise for bruise, and foot for foot. Given the grievous manner in which the offence was committed, bearing in mind the recent Supreme Court’s decision, we pray for the death penalty. The circumstances of this cases calls for that sentence. Article 26(3) of the Constitution is applicable.
Mr. Nyenyire: Nothing to add.
Court:
I have read the report of the Probation Officer dated 14. 12. 2017. The report is favourable to the accused. However, the fact of the case are that the accused took the law into his own hands. Even if there was a land dispute the accused ought to have exercised restraint. The deceased suffered a very painful death. She was stabbed from behind and died while undergoing treatment. The death sentence is no longer mandatory. Rembutive justice at time does not solve social problems. I do find that the accused should suffer a period in prison for his unlawful actions. The accused is hereby sentenced to serve eighteen(18) years imprisonment having taken into account his current age. Right of Appel is explained as 14 days.
Dated, Signed and Delivered this 19th day of December 2017
S. Chitembwe
Judge