[2020] KEHC 4735 (KLR)
The court found that, despite the accused being a first offender and having spent a significant period in custody, the pre-sentencing report indicated a pattern of violent behavior, drug abuse, and lack of support from family and community. These factors rendered him unsuitable for a non-custodial sentence. The...
Source-derived case information.
- Citation
- [2020] KEHC 4735 (KLR)
- Parties
- Respondent: Republic; Defendant: Fredrick Makau Kasiya
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 115 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to six years imprisonment
- Legal Topics
- Murder, Sentencing, Pre Sentence Reports, Custodial Sentences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Fredrick Makau Kasiya
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused is suitable for a non-custodial sentence given the circumstances of the offence and his background.
- 2 What is the appropriate sentence for the accused, considering the period already spent in custody and the pre-sentencing report.
Ratio Decidendi
The court found that, despite the accused being a first offender and having spent a significant period in custody, the pre-sentencing report indicated a pattern of violent behavior, drug abuse, and lack of support from family and community. These factors rendered him unsuitable for a non-custodial sentence. The court therefore imposed a custodial sentence of six years' imprisonment, taking into account the time already served in custody and the circumstances of the offence.
Court Disposition
accused sentenced to six years imprisonment
Orders
- The accused is sentenced to six years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 115 OF 2017
(FORMERLY MACHAKOS HCCRC 11 OF 2014)
REPUBLIC.......................................PROSECUTION
-VERSUS-
FREDRICK MAKAU KASIYA...............ACCUSED
RULING
1. Fredrick Makau Kasiya the accused herein, was charged and convicted of murder contrary to section 203 as read with section 204 of the Penal Code.
2. The court called for a pre-sentencing report, which has been filed. The accused and deceased were step brothers and lived on the same compound. Accused’s conduct had led to his own mother and sisters re-locating from the home.
3. The report shows that the accused used to abuse drugs and steal from his mother. He even once robbed his own mother. He therefore exhibits a violent behavior.
4. The family, administration and community are not ready to have him back home for now.
5. I do not therefore find him to be a suitable candidate for a non-custodial sentence. He has been in custody since 25th February 2014 which is six (6) years and four (4) months.
6. I have considered the circumstances of the case, the period he has been in custody plus the pre-sentencing report and this being a first offender. I hereby sentence him to six (6) years imprisonment.
Orders accordingly.
Delivered, signed & dated this 26th day of June 2020, in open court at Makueni.
……………………………….
H. I. Ong’udi
Judge