[2018] KEHC 1109 (KLR)
The court found that the accused, having assaulted and killed a defenseless person who had already surrendered, committed a grave offence. While the accused's youth and plea for leniency were noted as mitigating factors, the seriousness of the murder outweighed these considerations. The court determined that a...
Source-derived case information.
- Citation
- [2018] KEHC 1109 (KLR)
- Parties
- Applicant: Republic; Defendant: Francis Kitiyia Nairenke
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to fifteen years imprisonment
- Legal Topics
- Murder, Sentencing, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Francis Kitiyia Nairenke
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for the offence of murder.
- 2 What factors should be considered in determining the appropriate sentence for the accused.
Ratio Decidendi
The court found that the accused, having assaulted and killed a defenseless person who had already surrendered, committed a grave offence. While the accused's youth and plea for leniency were noted as mitigating factors, the seriousness of the murder outweighed these considerations. The court determined that a non-custodial sentence would be inappropriate given the circumstances. Consequently, the accused was sentenced to fifteen years imprisonment to reflect the gravity of the crime and the need for deterrence.
Court Disposition
accused sentenced to fifteen years imprisonment
Orders
- The accused is sentenced to fifteen (15) years imprisonment.
- Right of appeal explained.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO. 8 OF 2017
REPUBLIC..................................................PROSECUTOR
VERSUS
FRANCIS KITIYIA NAIRENKE............................ACCUSED
RULING ON SENTENCE
The accused, FRANCIS KITIYIA NAIRENKE has been convicted of the murder of JOHN NAKUTOI LOKOMAR which took place on 29th April 2017 at Enaigeny Sub-location, Transmara West Sub-County within Narok County.
The accused accosted the deceased who although he had surrendered, proceeded to cut off the deceased’s hands causing him to bleed and die.
I have taken into account that the accused assaulted a defendless person which is a grave factor. On the other hand the accused is young, has expressed leniency and seeks a non custodial sentence.
To my mind given the seriousness of the murder, a non custodial sentence is out of the question. I sentence the accused to fifteen (15) years imprisonment. Right of Appeal explained.
Dated and delivered at Kisii this 3rdday of December 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Mr. Nyangacha Advocate, for the accused.