[2020] KEHC 4875 (KLR)
The court considered the mitigation advanced on behalf of the accused, including their status as first offenders, their family circumstances, and the period spent in custody. However, the court found that the offence was serious and resulted in the loss of life, which is an aggravating factor. Balancing these...
Source-derived case information.
- Citation
- [2020] KEHC 4875 (KLR)
- Parties
- Applicant: Republic; Defendant: Elijah Ndalila Wafula; Defendant: Rosemary Nanyama Wafula; Defendant: Patrick Wandawa Wandabwa
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Each accused sentenced to 10 years imprisonment.
- Judges
- SN Riechi
- Legal Topics
- Sentencing, Mitigation, First Offender, Loss of Life
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Elijah Ndalila Wafula
Defendant
Rosemary Nanyama Wafula
Defendant
Patrick Wandawa Wandabwa
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused, as first offenders, are entitled to leniency in sentencing.
- 2 What is the appropriate sentence for the offence resulting in loss of life.
Ratio Decidendi
The court considered the mitigation advanced on behalf of the accused, including their status as first offenders, their family circumstances, and the period spent in custody. However, the court found that the offence was serious and resulted in the loss of life, which is an aggravating factor. Balancing these considerations, the court determined that a custodial sentence of ten years imprisonment for each accused was appropriate. The right of appeal was explained to the accused.
Court Disposition
Each accused sentenced to 10 years imprisonment.
Orders
- Each accused to serve 10 years imprisonment.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA.
IN THE HIGH COURT OF KENYA
AT BUNGOMA.
CRIMINAL CASE NO. 11 OF 2015.
REPUBLIC.........................................................PROSECUTOR
VERSUS
1. ELIJAH NDALILA WAFULA......................1ST ACCUSED
2. ROSEMARY NANYAMA WAFULA............2ND ACCUSED
3. PATRICK WANDAWA WANDABWA..........3RD ACCUSED
SENTENCE
5/6/2020
Before S N Riechi J
Thuo for state
Wantanga for accused – present
Accused 1, 2, 3 – present in Bungoma Prison.
Watanga: On behalf of all the accuseds. The 1st accusedis aged 55 years has one wife and 4 children.
Accused 2 is 60 years old and has children. He was the breadwinner.
Accused 3 is 34 years old.
They have been in custody since 2015. They pray for leniency.
Court: The court has considered the fact that accused are first offenders and what has been stated in mitigation. However, offence is serious and led to loss of life of deceased. Each accused is sentenced to serve 10 (Ten) Years imprisonment. Right of appeal within 14 days.
.........................
S N RIECHI
JUDGE
5/6/2020