[2024] KEHC 14928 (KLR)
The court found that the accused was convicted of murder, a grave offence resulting in the loss of life. In determining the sentence, the court considered the circumstances of the offence, the mitigation advanced by the accused, and the contents of the pre-sentence report, which was unfavourable. The court concluded...
Source-derived case information.
- Citation
- [2024] KEHC 14928 (KLR)
- Parties
- Applicant: Republic; Defendant: James Nyakerari Gati Alias Mutechu
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E011 of 2021
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Nyakerari Gati Alias Mutechu
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused is guilty of the offence of murder as charged.
- 2 What is the appropriate sentence for the offence of murder under the circumstances.
Ratio Decidendi
The court found that the accused was convicted of murder, a grave offence resulting in the loss of life. In determining the sentence, the court considered the circumstances of the offence, the mitigation advanced by the accused, and the contents of the pre-sentence report, which was unfavourable. The court concluded that the seriousness of the crime warranted a custodial sentence. Accordingly, the accused was sentenced to 20 years imprisonment, with the sentence to run from the date of first remand, 13th August 2021. The right of appeal within 14 days was explained to the accused.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 20 years imprisonment effective from 13th August 2021.
- Right of appeal within 14 days explained to the accused.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Gati alias Mutechu (Criminal Case E011 of 2021) [2024] KEHC 14928 (KLR) (7 November 2024) (Sentence)
Neutral citation: [2024] KEHC 14928 (KLR)
Republic of Kenya
In the High Court at Migori
Criminal Case E011 of 2021
A. Ong’injo, J
November 7, 2024
Between
Republic
Prosecutor
and
James Nyakerari Gati Alias Mutechu
Accused
Sentence
1. The Accused herein James Nyakerari Gati alias Mutechu was convicted for the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. The particulars are that the accused on 26th day of July 2021 at Taragai village, Kuria East Sub – County within Migori County murdered Lucas Mahenye Chacha.
3. Upon conviction the court called for a pre – sentence Report dated 16. 10. 2024 was filed on even date. This court has considered the circumstances of the offence; the mitigation by the accused person and the unfavourable pre-senetnce report and find that the accused deserve to be punished for the heinous crime committed where the sacrosant life of the deceased was lost prematurely.
4. The punishment commensurate with the offence committed is 20 years jail term to take effect from 13th August 2021. Right of Appeal 14 days is explained.
DELIVERED DATED AND ASSIGNED AT MIGORI THIS 7THDAY OF NOVEMBER, 2024. A. ONGI’NJOJUDGEIn the presence of:Victor / Lola – Court AssistantsMs. Ikol – Prosecuting CounselMr. Omwenga Advocate for AccusedAccused present in personMr. Omwenga AdvocateI pray for certified copy of JudgmentOrders:* Mr. Omwenga Advocate discharged from acting / Representing the convict. Copies of Judgment and proceedings (certified) to be supplied to the defence counsel (Accused) and Respondent counsel.