[2025] KEHC 3290 (KLR)
The court found that, despite the accused's claims of remorse and being a first-time offender, the aggravating factors outweighed the mitigating ones. The murder was committed in a brutal and vicious manner, with the deceased suffering multiple stab wounds while in a vulnerable state. The accused's continued denial...
Source-derived case information.
- Citation
- [2025] KEHC 3290 (KLR)
- Parties
- Applicant: Republic; Defendant: Raphael Amboso Khakali
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2017
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to 40 years' imprisonment, sentence to run from January 26, 2017.
- Judges
- SC Chirchir
- Legal Topics
- Murder, Sentencing, Mitigation, Aggravating Factors, Remorse, Mental Capacity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Raphael Amboso Khakali
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be granted a non-custodial sentence in light of mitigation and aggravating factors.
- 2 Whether the accused's remorse and status as a first-time offender are sufficient to warrant leniency in sentencing.
- 3 Whether the brutality of the offence and vulnerability of the victim require a severe custodial sentence.
Ratio Decidendi
The court found that, despite the accused's claims of remorse and being a first-time offender, the aggravating factors outweighed the mitigating ones. The murder was committed in a brutal and vicious manner, with the deceased suffering multiple stab wounds while in a vulnerable state. The accused's continued denial of the offence and blaming of relatives undermined his claims of remorse. The court also considered that the accused attacked other persons on the same night and that there was no evidence of mental disorder. Consequently, the court determined that a severe custodial sentence was warranted and sentenced the accused to 40 years' imprisonment, with the sentence deemed to have...
Court Disposition
Accused sentenced to 40 years' imprisonment, sentence to run from January 26, 2017.
Orders
- The accused is sentenced to 40 years' imprisonment.
- The sentence is deemed to have commenced on January 26, 2017, the date of first arraignment.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Khakali (Criminal Case 2 of 2017) [2025] KEHC 3290 (KLR) (13 March 2025) (Sentence)
Neutral citation: [2025] KEHC 3290 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 2 of 2017
SC Chirchir, J
March 13, 2025
Between
Republic
Prosecutor
and
Raphael Amboso Khakali
Accused
Sentence
1. The Accused herein was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Thereafter a social inquiry report was conducted by the probation office at Kakamega.
2. In mitigation, the accused submitted that he was remorseful and was a first-time offender; that he has been in remand since 2017 and that period has helped him reformed and changed his perspective in life. He further submits that he has acquired several skills while in custody , which he would want to go and share with the young people in his community. He prays for a non- custodial sentence.
3. Ms Osoro for the state submits that the accused is not remorseful as evidenced by the fact that he still denies the offence; that the Bible studies he alleges to have undertaken has not persuaded him to speak the truth, and to seek for forgiveness. She further points out that according to the social inquiry report, the community back home does not wasn’t him back.
4. I have considered the parties’ submissions. Remorse and being a first- offender are mitigating factors.
5. On the other hand, it is not lost to this court that human life was taken away in a brutal and vicious manner. According to the pathologist, the deceased sustained 9 stabbed wounds ranging between 9cm x 1. 5 cm to 2. 5 cm in size, and some of them penetrated deep into the brain.
6. Further, according to the first prosecution witness the deceased, who was the accused’s father, was elderly, was unwell and he was lying on bed when he was attacked. The accused took advantage of a person who was vulnerable. Taking advantage of the vulnerable, who include elderly persons like the deceased herein is an aggravating factor.
7. Further though the pleaded remorse, his conduct before and after conviction, did not show any remorse. He continued to deny the offence and continues to fault his relatives for framing him.
8. There was also evidence that the accused attacked other persons that night, some of whom were prosecution witnesses in this case.
9. The Accused was examined at the commencement of trial and he was found to be mentally sound. This the vicious and unprovoked attack had nothing to do with any mental disorder.
10. I therefore agree with the prosecuting counsel that the Accused is deserving of a severe punishment.
11. Taking into considerations all the aforegoing, I hereby sentence the Accused to 40 imprisonment. The sentence is deemed to have taken effect from January 26, 2017 being the date when he was first arraigned in court.
12. Right of Appeal: 14 days.
DATED, SIGNED AND DELIVERED VIRTUALLY AT ISIOLO , THIS 13TH DAY OF MARCH 2025. S. CHIRCHIR.JUDGE.In the presence of:Godwin Luyundi – Court Assistant.Ms. Abunga: For the AccusedThe Accused