[2024] KEHC 205 (KLR)
The court, having considered the Pre-Sentence Report, Victim Impact Statement, and the accused's mitigation, determined that the appropriate punishment for the murder of the accused's father is a custodial sentence of 20 years. The sentence is to run from the date the accused was first arraigned in court, reflecting...
Source-derived case information.
- Citation
- [2024] KEHC 205 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Katana Koi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2018
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to 20 years imprisonment for murder, sentence to run from December 18, 2018.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hamisi Katana Koi
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of murder.
- 2 What is the appropriate sentence for the murder of the accused's father.
Ratio Decidendi
The court, having considered the Pre-Sentence Report, Victim Impact Statement, and the accused's mitigation, determined that the appropriate punishment for the murder of the accused's father is a custodial sentence of 20 years. The sentence is to run from the date the accused was first arraigned in court, reflecting both the seriousness of the offence and the period already spent in custody. The court emphasized the need for punishment proportionate to the heinous nature of the crime, while also taking into account the circumstances presented in mitigation and the reports filed.
Court Disposition
Accused sentenced to 20 years imprisonment for murder, sentence to run from December 18, 2018.
Orders
- The accused is sentenced to 20 years imprisonment for murder.
- The sentence shall run from December 18, 2018, the date of arraignment.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Koi (Criminal Case 56 of 2018) [2024] KEHC 205 (KLR) (16 January 2024) (Sentence)
Neutral citation: [2024] KEHC 205 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 56 of 2018
A. Ong’injo, J
January 16, 2024
Between
Republic
Prosecutor
and
Hamisi Katana Koi
Accused
Sentence
1. The accused was charged and convicted for the murder of his father Katana Koi Mwayele. Upon conviction this court called for Victim Impact Statement and pre-sentence report which were filed on December 11, 2023.
2. This court has considered the Pre-Sentence Report, the Victim Impact Statement as well as the accused person’s mitigation and find that suitable punishment for the heinous crime committed is 20 years jail term.
3. The sentence to run from December 18, 2018 when the accused was arraigned in court. Right of Appeal 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 16TH DAY OF JANUARY 2024. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Mr. Ngiri for StateAccused Present in personMr. Were Advocate for Accused - No appearanceORDERSentence at 11. 00am. Registry to raise Mr. Were Advocate to attend Virtual Court.Later at 11. 24CourtRuling on sentence delivered, dated and signed in Court. Copy of Judgement and Ruling on sentence to be supplied to accused persons counsel & prosecuting counsel.Right of Appeal 14 days explained.HON. LADY JUSTICE A. ONG’INJO J