[2024] KEHC 1107 (KLR)
The court found that the 1st accused, Kwekwe Madziko Julo, was the mastermind behind the murder, having orchestrated the crime and involved minors by promising them payment. The gravity of her conduct, the planning, and the use of vulnerable teenagers warranted a severe custodial sentence to reflect the seriousness...
Source-derived case information.
- Citation
- [2024] KEHC 1107 (KLR)
- Parties
- Applicant: Republic; Defendant: Kwekwe Madziko Julo; Defendant: Mwango Jimbala Nyawa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- conviction and sentence
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing Guidelines, Juvenile Offenders, Accessory Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kwekwe Madziko Julo
Defendant
Mwango Jimbala Nyawa
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to imprisonment or alternative correctional measures for the offence of murder.
- 2 Whether the degree of culpability and roles played by each accused warrant different sentences.
- 3 Whether the welfare of the children involved requires intervention by the Children Officer.
Ratio Decidendi
The court found that the 1st accused, Kwekwe Madziko Julo, was the mastermind behind the murder, having orchestrated the crime and involved minors by promising them payment. The gravity of her conduct, the planning, and the use of vulnerable teenagers warranted a severe custodial sentence to reflect the seriousness of the offence and deter similar conduct. The 2nd accused, being a youth, was sentenced to a corrective centre and supervision, reflecting his lesser culpability and the need for rehabilitation. The court also directed the Children Officer to investigate the welfare of the children involved, recognizing the broader social impact of the crime.
Court Disposition
conviction and sentence
Orders
- The 1st accused, Kwekwe Madziko Julo, is sentenced to 20 years' imprisonment commencing from September 28, 2020.
- The 2nd accused, Mwango Jimbala Nyawa, is committed to Kamiti Youth Corrective Centre for 4 months and thereafter to remain under supervision for 3 years.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Julo & another (Criminal Case E006 of 2020) [2024] KEHC 1107 (KLR) (9 February 2024) (Sentence)
Neutral citation: [2024] KEHC 1107 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E006 of 2020
A. Ong’injo, J
February 9, 2024
Between
Republic
Prosecutor
and
Kwekwe Madziko Julo
1st Accused
Mwango Jimbala Nyawa
2nd Accused
Sentence
1. The accused persons Kwekwe Madzikio Julo & Mwango Jimbale Nyawa were charged and convicted for offence of murder. They were found to have murdered Madziko Julo Lele the father of A1 on 14th August 2020 at Banda village in Mbunguni Location.
2. This court called for a pre-sentence report. This court has considered the pre-sentence report in respect to A1 and hereby orders that the Children Officer Kwale County carries out social inquiry as to the welfare of the children and if possible open a file at the Children’s Court in Kwale for care and protection.
3. The 1st accused person was the brain behind the planning and murder of the deceased who from the report has been revealed to have been her Step-father. A1 used her son and the 2nd accused person herein by promising to pay them money and used them to eliminate the deceased. This is conduct that ruined the life of the 2 children who were still teenagers. This court finds that it is necessary to me to out punishment that mirrors the seriousness of the offence and discourages other would be offenders.
4. This court finds that 20 years’ jail term would be commensurate. The same is to commence from September 28, 2020.
Right of Appeal – 14 days. 5. A2 is hereby committed to Kamiti Youth Corrective Centre for 4 months. Upon completion of 4 months he will remain under Supervision for 3 years.Right of Appeal – 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 9TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Ogwel - Court AssistantMs. Nyawinda – Court ProsecutorMs. Lozi Advocate for 1st AccusedMr. Nabil Advocate for A2A1 – Present in person – online from Shimo womenA2 – Present in person – online from Shimo menHON. LADY JUSTICE A. ONG’INJOJUDGE02. 2024MS. LOZI ADVOCATEI pray that the we be discharged from proceedings.ORDERMs. Lozi Advocate discharged from proceedings henceforth.HON. LADY JUSTICE A. ONGI’INJOJUDGE02. 2024COURTCopies of the proceedings & judgment supplied to defence counsel and to prosecuting counsel.HON. LADY JUSTICE A. ONGI’INJOJUDGE