[2022] KEHC 15640 (KLR)
The court found that the accused, without provocation, killed a 6-year-old boy who was running away from him and failed to provide any reason for his actions. Despite being a first offender and expressing remorse, the gravity and brutality of the offence outweighed the mitigating factors. The court determined that a...
Source-derived case information.
- Citation
- [2022] KEHC 15640 (KLR)
- Parties
- Applicant: Republic; Defendant: Lkiteku Lekarato
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- CM Kariuki
- Legal Topics
- Murder, Sentencing, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Lkiteku Lekarato
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of murder.
- 2 Whether the accused's status as a first offender and his mitigation warrant leniency in sentencing.
Ratio Decidendi
The court found that the accused, without provocation, killed a 6-year-old boy who was running away from him and failed to provide any reason for his actions. Despite being a first offender and expressing remorse, the gravity and brutality of the offence outweighed the mitigating factors. The court determined that a custodial sentence of 30 years' imprisonment was appropriate to reflect the seriousness of the crime and to serve as a deterrent, commencing from the date of first remand. The right of appeal was explained to the accused.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve 30 years imprisonment with effect from January 5, 2018.
- Right of appeal explained.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Lekarato (Criminal Case 11 of 2018) [2022] KEHC 15640 (KLR) (24 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15640 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 11 of 2018
CM Kariuki, J
November 24, 2022
Between
Republic
Prosecutor
and
Lkiteku Lekarato
Accused
Ruling
1. The accused, Lkiteku Lekarato, on December 22, 2017 at Lersirikan Sub-location Ndoto Location in Samburu County, murdered Lobuyu Lengewa.
2. He pleaded not guilty, and the matter was heard in full and was found guilty and convicted of murder, and the matter is for sentencing.
3. The prosecution had no previous record of the accused. Thus, court was asked to treat the accused as a first offender.
4. In mitigation, the defense counsel told the court that the accused is a first offender; he is repentant and remorseful. He has been in custody for four years. Thus, prayed for lenience.
5. The evidence on record is displaying the accused person as a character who had no value for human life. He, without any provocation, killed a 6-year-old boy who was running away from him.
6. He has not even tendered any reason why he killed the victim in the circumstance. Thus, the court finds the accused deserves a sentence befitting the beastly act he committed. Thus, the court makes the orders.i.The accused is sentenced to serve 30 years imprisonment with effect from January 5, 2018. ii.Right of appeal explained.
DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 24 TH DAY OF NOVEMBER 2022 .……………………………… ..CHARLES KARIUKIJUDGE