[2023] KEHC 24101 (KLR)
The court found that, in accordance with the Sentencing Guidelines 2023, compensation is not appropriate in murder cases. The court considered the pre-sentence reports, mitigation by counsel, and the period already served in custody. The reports, while not unequivocal about remorse, were treated as expert opinions....
Source-derived case information.
- Citation
- [2023] KEHC 24101 (KLR)
- Parties
- Applicant: Republic; Defendant: Hellen Kavaya Kisanga; Defendant: Edmond Kizili Kedogo; Defendant: Jotham Chasima Zare
- Court
- High Court
- Court Station
- High Court at Vihiga
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 02 of 2022
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Each accused sentenced to eight years imprisonment, with time served discounted, and to execute a cognizance to keep peace for one year post-release.
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Guidelines, Murder, Mitigation, Compensation in Criminal Cases
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hellen Kavaya Kisanga
Defendant
Edmond Kizili Kedogo
Defendant
Jotham Chasima Zare
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether compensation to the victim's family is appropriate in a murder case.
- 2 What is the appropriate sentence for the three accused persons given the circumstances and mitigation.
Ratio Decidendi
The court found that, in accordance with the Sentencing Guidelines 2023, compensation is not appropriate in murder cases. The court considered the pre-sentence reports, mitigation by counsel, and the period already served in custody. The reports, while not unequivocal about remorse, were treated as expert opinions. The court accepted the submissions by counsel as indicative of the accused's regret. Balancing all factors and the objectives of sentencing in criminal justice, the court sentenced each accused to eight years imprisonment, discounting the period already served in custody. Additionally, each accused is required to execute a cognizance to keep peace and be of good conduct for one...
Court Disposition
Each accused sentenced to eight years imprisonment, with time served discounted, and to execute a cognizance to keep peace for one year post-release.
Orders
- Each accused person to serve eight (8) years imprisonment, with the period already served in custody discounted.
- At the end of the jail term, each accused shall execute a cognizance to keep peace and be of good conduct for one (1) year before discharge.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Kisanga & 2 others (Criminal Case 02 of 2022) [2023] KEHC 24101 (KLR) (23 October 2023) (Sentence)
Neutral citation: [2023] KEHC 24101 (KLR)
Republic of Kenya
In the High Court at Vihiga
Criminal Case 02 of 2022
PJO Otieno, J
October 23, 2023
Between
Republic
Prosecution
and
Hellen Kavaya Kisanga
1st Accused
Edmond Kizili Kedogo
2nd Accused
Jotham Chasima Zare
3rd Accused
Sentence
1. Pursuant to the orders of 26. 6.2023, the Court received three pre-sentence reports lodged by the Probation Department, then proceeded to take mitigation from the Counsel for the Accused as well as the Prosecutor.
2. I have given due regard to the reports, the address by Counsel and the disclosed circumstances and ages of the three convicts. I have equally reckoned with the Sentencing Guidelines in place as of today.
3. In the course of their address the court posed to the parties the question regarding the propriety or otherwise of compensation to the victim’s family in this matter. The Counsel for the Accused supported same as compensatory sentence while the Prosecutor cited to court paragraph 2. 6 of the Sentencing Guidelines 2023 and submitted that the same deems compensation as unsuitable in murder cases.
4. Taking into account all factors and the objects of sentencing in administration of criminal justice, and while the Pre-sentence report is not equivocal that the three are remorseful, I take the reports to be an expert opinions which do not bind in the Court. Instead, I take the Submissions by Counsel to represent the position of the Accused that they regret the incident.
5. The court thus sentences each of the Accused persons to serve eight (8) years imprisonment. The terms take into account the period each has served in custody since cancellation of the bonds. That period served in custody has been discounted to come up with the period of sentence.
6. At the termination of the jail term and before being discharged, each shall execute a cognizance to keep peace and be of good conduct for a further period of one (1) years from the date the term terminates.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 23RD DAY OF OCTOBER 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:-Ms. Chala for the ProsecutionMs. Mburu for the 1st and 3rd Accused personsCourt Assistant: Polycap