[2018] KEHC 3836 (KLR)

[2018] KEHC 3836 (KLR)

The court, after considering the accused's mitigation as a first offender and a mother of a young child, as well as the extremely negative victim impact report, determined that a custodial sentence was warranted. The balance between the mitigating factors and the gravity of the offence, as reflected in the victim...

Source-derived case information.

Citation
[2018] KEHC 3836 (KLR)
Parties
Applicant: Republic; Defendant: Jackline Makena
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Criminal Case 4 of 2018
Procedural Posture
Criminal Law / Sentencing
Outcome
accused sentenced to 10 years imprisonment
Judges
A Mabeya
Legal Topics
Sentencing, Mitigation, Victim Impact Reports
Source Language
en
Criminal Law Sentencing Mitigation Victim Impact Reports

Source-derived case record

Summary, issues, holding and outcome

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Parties

Republic

Applicant

Jackline Makena

Defendant

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation presented.

Ratio Decidendi

The court, after considering the accused's mitigation as a first offender and a mother of a young child, as well as the extremely negative victim impact report, determined that a custodial sentence was warranted. The balance between the mitigating factors and the gravity of the offence, as reflected in the victim impact report, led the court to impose a sentence of 10 years imprisonment.

Court Disposition

accused sentenced to 10 years imprisonment

Orders

  • The accused is sentenced to 10 years imprisonment.