[2024] KEHC 2789 (KLR)
The court found that the manner in which the accused committed the offence—covering the deceased's face with carton boxes, securing them with a stone to disable him, and attempting to conceal his involvement by leaving work early—demonstrated premeditation and aggravating circumstances. Despite the accused being a...
Source-derived case information.
- Citation
- [2024] KEHC 2789 (KLR)
- Parties
- Applicant: Republic; Defendant: Hamisi Said Kombo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2020
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Pre Sentence Report, Mitigation, Premeditation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hamisi Said Kombo
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should receive a lenient or deterrent sentence for the offence of murder.
- 2 Whether the circumstances of the offence, including premeditation and concealment, aggravate the sentence.
Ratio Decidendi
The court found that the manner in which the accused committed the offence—covering the deceased's face with carton boxes, securing them with a stone to disable him, and attempting to conceal his involvement by leaving work early—demonstrated premeditation and aggravating circumstances. Despite the accused being a first offender and expressing remorse, these aggravating factors outweighed mitigation. The court determined that a deterrent sentence was necessary to mirror the seriousness of the offence and sentenced the accused to 25 years imprisonment, with the sentence running from the date of first arraignment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 25 years imprisonment.
- The sentence shall run from 1st October 2020, the date of first arraignment.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Kombo (Criminal Case E008 of 2020) [2024] KEHC 2789 (KLR) (12 March 2024) (Sentence)
Neutral citation: [2024] KEHC 2789 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E008 of 2020
A. Ong’injo, J
March 12, 2024
Between
Republic
Prosecutor
and
Hamisi Said Kombo
Accused
Sentence
1. The accused Hamisi Said Kombofaces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code.
2. Particulars of the offence are that Hamisi Said Komboon 9th day of September 2020 at Bin Seif Properties, at Splendid Mwembe Tayari, within Mombasa Town in Mombasa County murdered Wilson Munywoki Mulive.
3. The accused was found guilty of the offence of murder and convicted. Upon conviction, this court called for a Victim Impact Statement and Pre-Sentence Report. The secondary victims were however not traced and the Probation Officer filed the Pre-Sentence Report only.
4. Mr. Mwaboza, the accused person’s advocate mitigated on his behalf that the accused person is a first offender and is remorseful for the incident that happened. That he is a single parent and sole breadwinner to his one child. He therefore prayed for a lenient sentence.
5. The Pre-Sentence Report prepared by Mr. Wyclife Wathome, the Principal Probation Officer Kisauni, was filed on 12th March 2024.
6. This court has considered the Pre-Sentence Report and the accused person’s mitigation. However, the manner in which the accused person committed the offence particularly by covering the face of the deceased with carton boxes and securing the same with a stone to disable him; the fact that the offence was premeditated and the fact that the accused tried to conceal that he is the one who committed the offence by leaving his place of work earlier than usual makes this court find that a deterrent sentence that mirrors the seriousness of the offence is called for. This court therefore sentences the accused to serve 25 years in prison. The sentence to run from 1st day of October 2020 when the accused was first arraigned in court. Right of appeal within 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 12TH DAY OF MARCH 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Mwaboza Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Copies of Proceedings, Judgment and Sentence to be supplied to parties.HON. LADY JUSTICE A. ONG’INJOJUDGE**12. 3.2024