[2016] KEHC 78 (KLR)
The court found that, despite the seriousness of the offence, the accused's youth, remorse, familial responsibilities, and the positive probation report indicating community acceptance justified a non-custodial sentence. The court determined that a probationary sentence would serve the interests of justice,...
Source-derived case information.
- Citation
- [2016] KEHC 78 (KLR)
- Parties
- Applicant: Republic; Defendant: Derick Makori Simion
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 2 years probation under supervision of probation officer
- Judges
- WA Okwany
- Legal Topics
- Murder, Plea Bargain, Sentencing, Mitigation, Probation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Derick Makori Simion
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence after conviction for murder under a plea bargain agreement.
- 2 What mitigating factors should influence the nature of the sentence imposed.
Ratio Decidendi
The court found that, despite the seriousness of the offence, the accused's youth, remorse, familial responsibilities, and the positive probation report indicating community acceptance justified a non-custodial sentence. The court determined that a probationary sentence would serve the interests of justice, rehabilitation, and community harmony, given the unique circumstances of the case, including the familial relationship between the accused and the deceased and the support of both families for reintegration.
Court Disposition
accused sentenced to 2 years probation under supervision of probation officer
Orders
- The accused is sentenced to 2 years probation.
- The accused shall be under the supervision of the Probation Officer of his area during the probation period.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 6 OF 2014
REPUBLIC...............................................PROSECUTOR
VERSUS
DERICK MAKORI SIMION..............................ACCUSED
SENTENCE
1. The accused herein DERRICK MAKORI SIMON was on 15th July 2015 convicted of Murder after a plea bargain agreement.
The particulars of the charge were that on 1st January 2014 at Riangabi Sub-location in Kisii District within Kisii County in the Republic of Kenya, unlawfully caused the death of GILSHOM KARUMBE MOGOA.
2. The incident took place after the deceased and the accused had engaged in a verbal exchange that ended in the accused hacking the deceased on the neck and killing him on the spot.
3. In mitigation, Mr. Okenye counsel for the accused submitted that the accused was a fairly young man with a young family and that he was very remorseful for the offence.
4. The Probation Officer’s pre-sentencing report filed on 5th October 2015 showed that the accused and the deceased were first cousins and that he was eligible for a non-custodial sentence since his family and community were ready to accept him back to their midst.
5. After taking due consideration of all the above factors. I find that the accused is suitable for a non custodial sentence and hereby sentence him to 2 years probation. He will during the probation period be under the supervision of the Probation Officer of his area.
6. It is so ordered.
Dated, signed and delivered in open court this 17TH day of November, 2015
HON. W. OKWANY
JUDGE
In the presence of:
M/S Mbelete for the State
M/S Okenye for the Accused
Mr. Ogega: court clerk