[2018] KEHC 1870 (KLR)
The court considered the gravity of the offence, the fact that the accused was a first offender, and the period already spent in remand. Balancing these factors, the court determined that a sentence of twenty years imprisonment, commencing from the date the accused was first remanded (8th April 2013), was...
Source-derived case information.
- Citation
- [2018] KEHC 1870 (KLR)
- Parties
- Respondent: Republic; Defendant: Josephat Abunda Nyangoto
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to twenty years imprisonment from 8th April 2013
- Legal Topics
- Murder, Sentencing, First Offender, Remand Period, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Josephat Abunda Nyangoto
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder as a first offender.
- 2 Should the period spent in remand be considered in sentencing.
Ratio Decidendi
The court considered the gravity of the offence, the fact that the accused was a first offender, and the period already spent in remand. Balancing these factors, the court determined that a sentence of twenty years imprisonment, commencing from the date the accused was first remanded (8th April 2013), was appropriate. The sentence reflects both the seriousness of the crime and the mitigating circumstances advanced by the defence, including the accused's status as a first offender and the time already served.
Court Disposition
accused sentenced to twenty years imprisonment from 8th April 2013
Orders
- The accused is sentenced to twenty (20) years imprisonment to commence from 8th April 2013.
- Right of appeal explained.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: D.S MAJANJA J.
CRIMINAL CASE NO. 38 OF 2013
REPUBLIC..........................................PROSECUTOR
VERSUS
JOSEPHAT ABUNDA NYANGOTO ........ACCUSED
RULING ON SENTENCE
The accused, JOSEPHAT ABUNDA NYANGOTO, was charged and convicted of the murder of ALICE NYABONYI TAMARO which took place on 8th March 2013.
I am now called upon to impose an appropriate sentence. The prosecution notes that he may be treated as a first offender and deserves a sentence of not less than ten (10) years imprisonment. The counsel for the accused suggests five (5) years imprisonment taking into account the time served.
I have considered the facts surrounding the offence and the time served while in remand. I hereby sentence the accused to twenty (20) years imprisonment to commence from 8th April 2013.
Right of appeal explained.
Dated and delivered at Kisii this 28thday of November 2018.
D.S MAJANJA
JUDGE
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Mr. Magara Advocate, for the accused.