[2023] KEHC 18254 (KLR)
The court considered the gravity of the offence, the accused's remorse, his unique family circumstances, and the recommendations of the pre-sentence report. The court found that, despite the seriousness of murder, the mitigating factors—including the accused being the only surviving member of his family and the...
Source-derived case information.
- Citation
- [2023] KEHC 18254 (KLR)
- Parties
- Applicant: Republic; Defendant: Ngawosa Tede Echom
- Court
- High Court
- Court Station
- High Court at Lodwar
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The accused was sentenced to 10 years imprisonment for murder.
- Judges
- JK Sergon
- Legal Topics
- Murder, Sentencing, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ngawosa Tede Echom
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for the offence of murder.
- 2 What mitigating factors should influence the length and nature of the sentence.
Ratio Decidendi
The court considered the gravity of the offence, the accused's remorse, his unique family circumstances, and the recommendations of the pre-sentence report. The court found that, despite the seriousness of murder, the mitigating factors—including the accused being the only surviving member of his family and the local leadership's openness to a non-custodial sentence—justified a reduced custodial sentence. The period already served in remand was also taken into account. Consequently, the court determined that a custodial sentence of 10 years imprisonment was appropriate and proportionate in the circumstances.
Court Disposition
The accused was sentenced to 10 years imprisonment for murder.
Orders
- The accused shall serve 10 years imprisonment.
- The period served in remand shall be taken into account.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Echom (Criminal Case 3 of 2020) [2023] KEHC 18254 (KLR) (31 May 2023) (Sentence)
Neutral citation: [2023] KEHC 18254 (KLR)
Republic of Kenya
In the High Court at Lodwar
Criminal Case 3 of 2020
JK Sergon, J
May 31, 2023
Between
Republic
Prosecutor
and
Ngawosa Tede Echom
Accused
Sentence
1. Ngawosa Tede Echom was convicted for the offence of murder contrary to section 203 as read with section 204 of the Penal Code.
2. This court called upon the county probation officer to file a pre-sentence report. Miss Maryanne Kariuki, learned advocate for the Accused filed written submissions on mitigation. The county probation officer, Turkana County file a pre-sentence report.
3. I have considered the accused’s mitigating factors. It is stated by Miss Kariuki, that the accused who is aged 49 years is remorseful and has apologized to the deceased’s family. The learned advocate urged this court to be lenient to the accused person.
4. In the pre-sentence report it is indicated that the accused person is the only remaining member of his immediate family of 7 siblings. It is also stated that the deceased was the accused’s father. The accused’s age is indicated to be 35 years while the accused’s advocate puts the Accused’s age at 45 years.
5. The probation officer interviewed the local administration who stated that the disputes which involves family members should be resolved using family dispute resolution structures. The probation officer did not reach out to the victim’s family. The local leadership was not averse to the accused being released to the community on non-custodial sentence.
6. Having considered the material placed before this court and having considered the mitigating factors and the pre-sentence report I am convinced that a short custodial sentence will suffice.
7. I have also taken into account the period the accused served in remand while waiting for trial. I hereby sentence the accused to serve 10 years imprisonment.
DATES, SIGNED AND DELIVERED VIRTUALLY THIS 31STDAY OF MAY 2023. J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor - KakoiAccused – Present in Prison