[2018] KEHC 3110 (KLR)
The court found that, although the accused was a first offender and had presented mitigation, the nature and circumstances of the offence, including the accused's role in waylaying the deceased, warranted a custodial sentence. The court exercised its discretion following the setting aside of the mandatory death...
Source-derived case information.
- Citation
- [2018] KEHC 3110 (KLR)
- Parties
- Applicant: Republic; Defendant: Enock Okoth Koi
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2014
- Procedural Posture
- Criminal Case / Sentencing After Conviction and Resentencing Following Constitutional Petition
- Outcome
- accused resentenced to 30 years' imprisonment, sentence to run from date of original death sentence
- Judges
- AC Mrima
- Legal Topics
- Murder, Sentencing, Death Penalty, Resentencing, Mitigation, Constitutional Petition
- 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
Enock Okoth Koi
Defendant
Procedural Posture
Criminal Case / Sentencing After Conviction and Resentencing Following Constitutional Petition
Legal Issues
- 1 Whether the accused should be resentenced following the setting aside of the mandatory death penalty.
- 2 What is the appropriate sentence for the accused given the circumstances of the case and mitigation presented.
Ratio Decidendi
The court found that, although the accused was a first offender and had presented mitigation, the nature and circumstances of the offence, including the accused's role in waylaying the deceased, warranted a custodial sentence. The court exercised its discretion following the setting aside of the mandatory death penalty and, after considering the Pre-Sentence Report and all relevant factors, determined that the accused was not fit for a non-custodial sentence. Accordingly, the accused was sentenced to 30 years' imprisonment, with the sentence to run from the date of the original death sentence.
Court Disposition
accused resentenced to 30 years' imprisonment, sentence to run from date of original death sentence
Orders
- The accused is sentenced to 30 years' imprisonment.
- The sentence shall be deemed to run from the date the accused was sentenced to suffer death.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 10 OF 2014
REPUBLIC ..............................................PROSECUTOR
VERSUS
ENOCK OKOTH KOI....................................ACCUSED
SENTENCE
1. The accused person herein, Enock Okoth Koi, was charged alongside two co-accused with the murder of one Titus Wamwiri Wanyoro(hereinafter referred to as ‘the deceased’). He denied the charge and a trial was conducted which culminated with a conviction. He was sentenced to suffer death.
2. The accused person thereafter petitioned the mandatory nature of the death sentence vide Migori High Court Constitutional Petition No. ……of 2018 which Petition was allowed and the death sentence set-aside. This Court then conducted fresh sentencing proceedings culminating with this sentence.
3. Rendering mitigations, the accused person prayed for leniency and a non-custodial sentence. He gave a history of what his family has gone through since his arrest in 2010 which was vouched by a Pre-Sentence Report. The prosecution called for severe sentence given the nature of the offence despite that the accused person is a first offender and that the deceased hailed from Nairobi.
4. The judgment captured the unique circumstances of the case and the role played by the accused person as the one who waylaid the deceased from Nairobi. I have considered the circumstances of this case and the Pre-Sentence Report and find that the accused person is not fit for a non-custodial sentence. He is sentenced to 30 years’ imprisonment. For avoidance of doubt, the sentence shall be deemed to run from the date the accused person was sentenced to suffer death.
5. Those are the orders of this Court.
DELIVERED, DATEDandSIGNED at MIGORI this 11th day of October 2018.
A. C. MRIMA
JUDGE
Sentence delivered in open Court and in the presence of: -
Enock Okoth Koi,the Accused person.
Mr. Joseph Kimanthi, Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke– Court Assistant.