[2019] KEHC 528 (KLR)
The court found that the accused, Job Atanga Geita, committed murder in a particularly violent and gruesome manner, as evidenced by witness testimony and the circumstances of the offence. The pre-sentence report was highly unfavorable, indicating strong community opposition to a non-custodial sentence. The accused...
Source-derived case information.
- Citation
- [2019] KEHC 528 (KLR)
- Parties
- Respondent: Republic; Defendant: Job Atanga Geita
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- REA Ougo
- 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
Respondent
Job Atanga Geita
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder and the appropriate sentence to impose.
- 2 Whether the accused is a first offender and if a non-custodial sentence is appropriate.
Ratio Decidendi
The court found that the accused, Job Atanga Geita, committed murder in a particularly violent and gruesome manner, as evidenced by witness testimony and the circumstances of the offence. The pre-sentence report was highly unfavorable, indicating strong community opposition to a non-custodial sentence. The accused did not present any compelling mitigating factors such as intoxication or lack of prior convictions, and the prosecution's assertion that he was not a first offender was unsupported by records. Given the seriousness of the crime and the need to protect society, the court determined that a lengthy custodial sentence was warranted. Accordingly, the accused was sentenced to 40...
Court Disposition
convicted and sentenced
Orders
- The accused, Job Atanga Geita, is sentenced to 40 years imprisonment.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
(CORAM: R.E OUGO)
CRIMINAL CASE NO.31 OF 2018
REPUBLIC............................................................................PROSECUTION
VERSUS
JOB ATANGA GEITA....................................................................ACCUSED
SENTENCE
1. Job Atanga Geita was charged with the offence of murder by an information dated the 24/8/2018. The deceased is Peter Kebiro Okari. The accused person is said not to be a 1st offender by the Director of Public Prosecution but no records were availed to show that he had a previous conviction. Plea was taken on the 24/8/2018. The accused has been in custody since August 2018 about one year 2 months.
2. The pre-sentence report on the accused is very unfavourable. He is about 34 years. The report states; the community is very negative about the accused and a non custodial sentence is recorded.
3. I have considered his mitigation. In his defence he did not raise the issue of under the influence of alcohol. I listened the witness testify. The accused person on the material day went on a spree of harming people he came across. He murdered the deceased Peter Kebiro in a most gruesome manner. The accused person is a very violent person who does not deserve a non-custodial. He needs to be put away from the society for some time. I therefore sentence the accused personJob Atanga Geitato 40 years imprisonment. He has a right of appeal within 14 days.
Dated, signedand delivered at Kisii this 11th November, 2019.
R.E. OUGO
JUDGE
In the Presence;
Accused In person
Mr. Kaburi For the Accused person
Mr.Otieno Senior state Counsel Office of the DPP
Ms. Rael Court Clerk