[2025] KEHC 3603 (KLR)
The court considered the gravity of the offence of murder, the accused's status as a first offender, his good conduct in custody, and the period already spent in custody since arraignment. The absence of a Victim-Impact-Assessment Report was noted, but the Pre-sentence Report was considered. The court determined...
Source-derived case information.
- Citation
- [2025] KEHC 3603 (KLR)
- Parties
- Applicant: Republic; Defendant: Karisa Kambi Kitsao
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2017
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- The accused is sentenced to thirty years' imprisonment, to be computed from 14th February 2017, with entitlement to remission if applicable.
- Judges
- MN Mwangi
- Legal Topics
- Murder Sentencing, Pre Sentence Report, Remission of Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Karisa Kambi Kitsao
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder.
- 2 Whether the period spent in custody should be considered in computing the sentence.
- 3 Whether the accused is entitled to remission.
Ratio Decidendi
The court considered the gravity of the offence of murder, the accused's status as a first offender, his good conduct in custody, and the period already spent in custody since arraignment. The absence of a Victim-Impact-Assessment Report was noted, but the Pre-sentence Report was considered. The court determined that a sentence of thirty years' imprisonment, to be computed from the date of first arraignment (14th February 2017), was appropriate to balance deterrence, rehabilitation, and punishment. The court further held that the accused is entitled to remission if applicable, in accordance with the law.
Court Disposition
The accused is sentenced to thirty years' imprisonment, to be computed from 14th February 2017, with entitlement to remission if applicable.
Orders
- The accused is sentenced to serve thirty (30) years imprisonment.
- The sentence shall be computed from 14th February 2017, the date of arraignment.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Kitsao (Criminal Case 6 of 2017) [2025] KEHC 3603 (KLR) (28 February 2025) (Sentence)
Neutral citation: [2025] KEHC 3603 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 6 of 2017
MN Mwangi, J
February 28, 2025
Between
Republic
Prosecutor
and
Karisa Kambi Kitsao
Accused
Sentence
1. I convicted the accused person for the offence of murder. I requested for a Pre-sentence Report as well as a Victim-Impact-Assessment Report. The latter was not availed.
2. Ms Rosemary Nyong’a, Probation Officer has indicated that she was unable to have access to the Police file which she went to look for at Kijipwa and Mtwapa Police Stations and at the DPP’s office, Mombasa. The said Police file would have assisted her to trace the victims affected by the death of the deceased for interviews. That however did not happen.
3. From the Pre-sentence Report, the accused person is from a polygamous family and there is no commitment to support him during rehabilitation. The Report shows that he is a first offender and the DPP has said as much. He is said to be a father of six (6) children, whose whereabouts are unknown.
4. Ms Musyoki Advocate has prayed for a lenient sentence for the accused person whom she says has been rehabilitated and is of good conduct as there was no complaint at all about him during his stay in prison custody as he underwent trial. I have considered the Pre-sentence Report the and mitigation proffered. I note that the accused person was first arraigned in Court on 14th February 2017. It is now 8 years since then.
5. Noting the gravity of the offence he was charged with and convinced for, which calls for deterrence, rehabilitation, as well as punishment, I sentence the accused person to serve thirty (30) years imprisonment. The sentence will be computed from 14th February 2017 being the day he was arraigned in Court. That is in line with provisions with Section 333(2) of Criminal Procedure Code.
6. The accused person is also entitled to remission, if applicable.
It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 28TH DAY OF FEBRUARY, 2025. SENTENCE DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.NJOKI MWANGIJUDGEIn the presence of:The accused personMs Musyoki for the accused personMs Cherop h/b for Ms Nyawinda Prosecution Counsel for the DPPMs Rosemary Nyong’a – Probation OfficerMs Lucy Njeru – Court Assistant.