[2021] KEHC 2466 (KLR)
The court determined that, given the prevalence of killings in the region and the need to deter such offences, a severe custodial sentence was warranted. The court also took into account the mitigation by the defence, particularly the fact that the accused had spent approximately four years in custody awaiting...
Source-derived case information.
- Citation
- [2021] KEHC 2466 (KLR)
- Parties
- Applicant: Republic; Defendant: Ismail Ali Kiai; Defendant: Salim Jilo Kiai
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Each accused sentenced to 15 years imprisonment.
- Judges
- A Ali-Aroni
- Legal Topics
- Homicide, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ismail Ali Kiai
Defendant
Salim Jilo Kiai
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should receive a custodial sentence for the offence of killing.
- 2 Whether the period spent in custody awaiting trial should be considered in sentencing.
Ratio Decidendi
The court determined that, given the prevalence of killings in the region and the need to deter such offences, a severe custodial sentence was warranted. The court also took into account the mitigation by the defence, particularly the fact that the accused had spent approximately four years in custody awaiting trial. Balancing these considerations, the court sentenced each accused to 15 years in prison, reflecting both the gravity of the offence and the period already spent in custody.
Court Disposition
Each accused sentenced to 15 years imprisonment.
Orders
- Each accused person is sentenced to 15 years in prison.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 3 OF 2018
REPUBLIC.....................................................................................PROSECUTION
VERSUS
ISMAIL ALI KIAI...........................................................................1ST ACCUSED
SALIM JILO KIAI.........................................................................2ND ACCUSED
SENTENSE
I have read the Judgement on behalf of Kariuki J and noted the content therein and the court’s sentiments. I have carefully listened to the mitigation by the defence counsel. However, the court is averse to the fact that in this region there are many cases of killings despite the presence and heavily security and law enforcers including courts of law so that feuds amongst people and families ought to follow the process of the law and so that citizens do not take the law into their hands. There is no worse crime than killing and in order to curb such offences, severe punishments must be meted out.
In sentensing, I have also considered the fact that the accused persons spent about 4 years in custody awaiting their trial.
Considering all the above the accused persons are each sentensed to 15 years in prison.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 28th DAY OF OCTOBER, 2021.
……………….………………
ALI-ARONI
JUDGE