[2018] KEHC 9207 (KLR)
The court considered the seriousness of the offence, the circumstances of both the convict and the victim, and the objectives of sentencing as outlined in the Judiciary Sentencing Policy Guidelines. The judge noted the loss of life caused by the convict's unjustifiable acts but also recognized the convict's age,...
Source-derived case information.
- Citation
- [2018] KEHC 9207 (KLR)
- Parties
- Applicant: Republic; Defendant: John Mwangi Chege
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- J Wakiaga
- Legal Topics
- Murder, Sentencing Guidelines, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Mwangi Chege
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate, adequate and just sentence for the offence of murder under Section 204 of the Penal Code.
- 2 How should the court balance the objectives of sentencing with the circumstances of the convict and the interests of the victim's family.
Ratio Decidendi
The court considered the seriousness of the offence, the circumstances of both the convict and the victim, and the objectives of sentencing as outlined in the Judiciary Sentencing Policy Guidelines. The judge noted the loss of life caused by the convict's unjustifiable acts but also recognized the convict's age, potential for rehabilitation, and the period already spent in custody. Balancing these factors, the court determined that a sentence of fifteen years' imprisonment was adequate, just, and appropriate, serving both the interests of justice and the objectives of sentencing, including retribution, deterrence, and rehabilitation.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to fifteen (15) years' imprisonment.
- The accused has a right of appeal on both conviction and sentence; the State has a right of appeal on sentence.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CRIMINAL DIVISION
CRIMINAL CASE NO. 3 OF 2014
REPUBLIC........................PROSECUTOR
VERSUS
JOHN MWANGI CHEGE........ACCUSED
SENTENCE
1. The convict JOHN MWANGI CHEGE was on 10/4/2018 convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. What the court is now called upon is to determine the most appropriate, adequate and just sentence under the provisions of Section 204 of the Penal Code.
2. In compliance with the Judiciary Sentencing Policy Guidelines the court called for Pre-sentence Report inclusive of the Victim Impact Statement under the provisions of Victims Protection Act which was presented to court from which it was stated that the convict dropped out of school in standard six (6) in 1996 due to financial constraints before being employed in 1999 as a waiter in Eastleigh before moving to Kayole where he established his butchery which was later affected by post election violence in Kenya of 2007/2008. He was thereafter employed as a matatu tout plying Route 17 as at the time of the commission of the offence. He was married with one child but upon his arrest the wife took off with their child.
3. It was further stated that the accused supported his family financially and while denying having committed the offence the convict sought for a lenient sentence to enable him provide for his daughter and his elderly and ailing parents.
4. On the Victim Impact Statement, it was stated that the deceased was aged 33 years at the time of his death having dropped out of school, was selling charcoal at Kayole and had plans of introducing his fiancé to the family. It was stated that the deceased was loved by many and the family was still bitter and yet to heal. They sought for a punitive sentence.
5. The objectives of sentencing as per the Judiciary of Kenya Sentencing Policy Guidelines number 4. 1 are as follows:-
1. Retribution: to punish the offender for his/her criminal conduct in a just manner.
2. Deterrence: to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences.
3. Rehabilitation: to enable the offender reform from his/her criminal disposition and become a law abiding person.
4. Restorative justice: to address the needs arising from the criminal conduct such as loss and damages.
5. Community protection: to protect the community by incapacitating the offender.
6. Denunciation: to communicate the community’s condemnation of the criminal conduct.
6. Whereas the life of the deceased was lost due to unjustifiable acts on the part of the accused person, whereas the accused is aged 38 years and still has the potential of being a good citizen of the Republic of Kenya, I have taken into account the manner in which the offence was committed and the reason therefore and has come to the conclusion that the accused is wholly suited for rehabilitation while in custody and I have further taken into account the fact that the accused has been in custody for a period of over four (4) years from 9/1/2014 when he first appeared in court and have come to the conclusion that an imprisonment sentence of a period of fifteen (15 ) years is adequate, just and appropriate in the circumstances herein and it is so ordered.
7. The accused has a right of appeal on both conviction and sentence while the State has a right of appeal on sentence.
DATED, DELIVERED and SIGNED at Nairobi this 17th day of May, 2018.
…………………………………….
J. WAKIAGA
JUDGE
In the presence of:-
Miss Wegulu for the State
No appearance by Wakaba for the accused
Accused present
Court Assistant – Paul/Grace