[2024] KEHC 3010 (KLR)
The court found that the accused, a police officer, was responsible for the unlawful loss of an innocent life and failed to exercise the restraint expected of his position. Although the accused is a first offender and claimed to suffer from medical conditions, there was no supporting evidence for the latter. The...
Source-derived case information.
- Citation
- [2024] KEHC 3010 (KLR)
- Parties
- Applicant: Republic; Defendant: Adan Boru Golicha
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- JN Onyiego
- Legal Topics
- Sentencing, Homicide, Mitigation, Police Misconduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Adan Boru Golicha
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused, a police officer, should receive a deterrent sentence for causing the death of an innocent person.
- 2 Whether the accused's status as a first offender and his alleged medical conditions should mitigate the sentence.
- 3 Whether the period already spent in custody should be considered in sentencing.
Ratio Decidendi
The court found that the accused, a police officer, was responsible for the unlawful loss of an innocent life and failed to exercise the restraint expected of his position. Although the accused is a first offender and claimed to suffer from medical conditions, there was no supporting evidence for the latter. The court determined that the seriousness of the offence warranted a deterrent sentence. The period already spent in custody (4 years and 3 months) was taken into account, and the court imposed a sentence of 7 years' imprisonment, to run concurrently with a sentence in a related case arising from the same transaction.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 7 years' imprisonment.
- The sentence shall run concurrently with the sentence in Criminal Case No. 563/2018 Garissa CM’s Court.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Golicha (Criminal Case 9 of 2018) [2024] KEHC 3010 (KLR) (15 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3010 (KLR)
Republic of Kenya
In the High Court at Garissa
Criminal Case 9 of 2018
JN Onyiego, J
March 15, 2024
Between
Republic
Prosecutor
and
Adan Boru Golicha
Accused
Ruling
1. I have considered the mitigation on record vis avis the gravity of the offence committed.
2. There is no doubt that somebody innocent lost his life for no apparent reason. The accused person being a police officer ought to have restrained himself from using a gun in the circumstances. He is responsible for his own action.
3. Although a first offender, the law justice demands that a commensurate sentence be meted out.
4. The allegation that he is suffering from high blood pressure and diabetes is not supported by any material evidence. A deterrent sentence is necessary.
5. Taking into account the period he has been in custody which is 4 years and 3 months, a sentence of 7 years’ imprisonment is sufficient sentence to run concurrently with the one he is serving in Criminal Case No. 563/2018 Garissa CM’s Court as the offence arose out of the same transaction.Right of appeal 14 days.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 15TH DAY OF MARCH 2024. J. N. ONYIEGOJUDGE