[2024] KEHC 187 (KLR)
The court considered the seriousness of the murder, the period the accused had been at large, the time spent in custody since arrest, the pre-sentence reports, victim impact statements, mitigation by the accused, and sentences in related cases. The court found that a sentence of 20 years imprisonment for each...
Source-derived case information.
- Citation
- [2024] KEHC 187 (KLR)
- Parties
- Applicant: Republic; Defendant: George Folleni; Defendant: Francis Charo Folleni
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 02 of 2017
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Both accused persons sentenced to 20 years imprisonment each, sentence to run from January 18, 2017.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Mitigation, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Folleni
Defendant
Francis Charo Folleni
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused persons should be sentenced to a term of imprisonment for the offence of murder committed on July 21, 2012.
- 2 What is the appropriate sentence considering the pre-sentence report, victim impact statement, mitigation, and sentences in related cases.
Ratio Decidendi
The court considered the seriousness of the murder, the period the accused had been at large, the time spent in custody since arrest, the pre-sentence reports, victim impact statements, mitigation by the accused, and sentences in related cases. The court found that a sentence of 20 years imprisonment for each accused, commencing from the date of arraignment, was just, serving both deterrent and rehabilitative purposes for the heinous crime committed.
Court Disposition
Both accused persons sentenced to 20 years imprisonment each, sentence to run from January 18, 2017.
Orders
- Each accused is sentenced to 20 years imprisonment.
- The sentence shall take effect from January 18, 2017, the date of arraignment.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Folleni & another (Criminal Case 02 of 2017) [2024] KEHC 187 (KLR) (16 January 2024) (Sentence)
Neutral citation: [2024] KEHC 187 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 02 of 2017
A. Ong’injo, J
January 16, 2024
Between
Republic
Prosecutor
and
George Folleni
1st Accused
Francis Charo Folleni
2nd Accused
Sentence
1. George Folleni and Francis Charo Kalama were charged with the offence of murder. The murder was committed on July 21, 2012 and whereas other suspects were apprehended and charged in CR. Case No. 4 of 2012 the accused commits herein were at large until on January 1, 2017 when they re-surfaced and were arrested. They were therefore incarcerated since the date of their arrest todate.
2. I have considered the respective pre-sentence report and the victim impact statement as well as the sentence passed in High Court CR. Case No. 40 of 2012 and attendant appeals in Court of Appeal CR. A. Nos. 3, 4, 5, 6, 7, 9 and 10 of 2016 as well as the accused person’s mitigation and find that just punishment that will act as deterrence and rehabilitate the accused persons for the heinous crime they committed is 20 years imprisonment.
3. The sentence to take effect from January 18, 2017 when they were arraigned in court.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 16TH DAY OF JANUARY 2024. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Accused 1 – Present in personAccused 2 – Present in personMr. Ngiri for StateMs. Odhiang Advocate for Accused 1 - No appearanceMr. Oduor Advocate for Accused 2 - No appearanceORDERSentence at 11. 00am. Registry to call the advocates.HON. LADY JUSTICE A. ONG’INJOJUDGERuling on sentencing delivered, dated and signed in Open Court.HON. LADY JUSTICE A. ONG’INJO J