[2020] KEHC 2104 (KLR)
The court found that despite the accused's severe health condition and the significant period already spent in custody, he continued to deny responsibility for the offence and showed no remorse. The court determined that these factors, combined with the gravity of the offence (murder) and the accused's criminal...
Source-derived case information.
- Citation
- [2020] KEHC 2104 (KLR)
- Parties
- Applicant: Republic; Defendant: DKP
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- CM Kariuki
- Legal Topics
- Murder, Sentencing, Mitigation, Custodial Sentence, Remorse, Health Conditions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
DKP
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be granted a non-custodial sentence in light of his health condition and time already served.
- 2 Whether the accused's lack of remorse and denial of responsibility affects sentencing.
- 3 Whether the accused's previous and pending criminal cases should influence the sentence.
Ratio Decidendi
The court found that despite the accused's severe health condition and the significant period already spent in custody, he continued to deny responsibility for the offence and showed no remorse. The court determined that these factors, combined with the gravity of the offence (murder) and the accused's criminal history, precluded the grant of a non-custodial sentence. However, the court exercised discretion to impose a custodial sentence of 10 years, commencing from the date the accused was first remanded (27/7/2015), effectively crediting him for time already served. The court also directed that the accused be returned to the lower court for trial on a pending charge of escape from...
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve 10 years imprisonment to run from 27/7/2015.
- The accused will be taken back to the lower court in Garissa for trial in CRC No. 796 of 2016.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 16 OF 2015
REPUBLIC..............PROSECUTION
VERSUS
DKP....................................ACCUSED
SENTENCING
1. The accused was convicted of the offence of murder on 18/11/2019 but the sentence has been delayed as he has been undergoing treatment in the hospital.
2. According to the probation report dated 28/11/2019 he is suffering from spinal tuberculosis (potts decease) thus rendered him immobile and depends on others for movement.
3. The advocate for his defence has in mitigation relied on the probation report and especially on the health aspect of accused’s conditions.
4. He has been in custody since 27/7/2015 or thereabout thus been in custody for over 5 years. His defence alluded to the fact that the stabbing was occasioned by fight between accused and the deceased as accused was stopping theft.
5. It is noted that he had a previous case of preparation to commit a felony CRC No. 15 of 2013 in which he was convicted but was acquitted in appeal. Secondly, he has a pending CRC No. 796 of 2016 for escape from lawful custody which is still pending.
6. He still denies that he occasioned death of the deceased and also that he displays no remorse or repentance.
7. Thus, he cannot benefit from a non-custodial sentence in the circumstances. However, since he has been in custody for 5 yrs and is yet to finalise aforesaid escape from lawful custody case, the court makes the following orders: -
(i) He is sentenced to serve 10 yrs imprisonment to run from 27/7/2015 thus he will serve 5 more years.
(ii) He will be taken back to lower court in Garissa for trial in CRC No. 796 of 2016.
(iii) Orders accordingly.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 28TH DAY OF OCTOBER, 2020.
..........................
C. KARIUKI
JUDGE