[2022] KEHC 14678 (KLR)
The court, after considering the victim impact statement and the accused's mitigation, found that the accused deserved a custodial sentence due to the loss of life for no apparent reason. The sentence of 25 years imprisonment was imposed, to run from the date of first arraignment, in accordance with section 333(2)...
Source-derived case information.
- Citation
- [2022] KEHC 14678 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwadzombo Gube
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to 25 years imprisonment; orders for child welfare intervention and right of appeal granted.
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing Principles, Victim Impact Statement, Mitigation, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mwadzombo Gube
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused deserves a custodial sentence for causing loss of life.
- 2 What is the appropriate sentence considering the victim impact statement and mitigation.
Ratio Decidendi
The court, after considering the victim impact statement and the accused's mitigation, found that the accused deserved a custodial sentence due to the loss of life for no apparent reason. The sentence of 25 years imprisonment was imposed, to run from the date of first arraignment, in accordance with section 333(2) of the Criminal Procedure Code. The court also recognized the need to protect the welfare of the accused's children and ordered intervention by the children's officer.
Court Disposition
Accused sentenced to 25 years imprisonment; orders for child welfare intervention and right of appeal granted.
Orders
- Accused sentenced to 25 years imprisonment to run from November 29, 2016.
- Children's officer Kwale County to visit and intervene for the accused's children in Mulungoni Village, ensuring their protection and education.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Gube (Criminal Case 42 of 2016) [2022] KEHC 14678 (KLR) (28 October 2022) (Sentence)
Neutral citation: [2022] KEHC 14678 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 42 of 2016
A. Ong’injo, J
October 28, 2022
Between
Republic
Prosecution
and
Mwadzombo Gube
Accused
Sentence
1. Having considered the Victim Impact Statement & the mitigation of the accused person this court finds that accused person deserves to be punished as a life was loss for no apparent reason.
2. He is sentenced to serve 25 years imprisonment to take effect when he was 1st arraigned in court on November 29, 2016 pursuant to section 333(2) of the Criminal Procedure Code.
3. Accused has a right of appeal within 14 days from today date.
4. The children’s officer Kwale County hereby ordered to visit the accused persons children in Mulungoni Village and intervene to make sure they are protected & provided for particulary taken to school.
5. Mention – 23/01/2023 for Children Officer’s report
JUDGMENT DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 28TH DAY OF OCTOBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:Ogwel – Court AssistantAccused – Present in personMr. Ngiri for StateHon. Lady Justice A. Ong’injoJudge29/10/2022