[2021] KEHC 2442 (KLR)
The court found that the accused committed a grave and inhuman offence by slaughtering an innocent child without reason. Despite being a first offender and having spent three years in custody, the accused showed no remorse and was considered a danger to the community. The court determined that a lengthy custodial...
Source-derived case information.
- Citation
- [2021] KEHC 2442 (KLR)
- Parties
- Applicant: Republic; Defendant: Liban Mohamed Sambul
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- A Ali-Aroni
- Legal Topics
- Sentencing Principles, Homicide, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Liban Mohamed Sambul
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence committed.
- 2 Whether the accused's lack of remorse and the gravity of the offence warrant a lengthy sentence.
Ratio Decidendi
The court found that the accused committed a grave and inhuman offence by slaughtering an innocent child without reason. Despite being a first offender and having spent three years in custody, the accused showed no remorse and was considered a danger to the community. The court determined that a lengthy custodial sentence was necessary both as punishment for the unconscionable behavior and to protect society, while also allowing for the possibility of rehabilitation in the future. Accordingly, the accused was sentenced to 25 years in jail.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve 25 years in jail.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT GARISSA
CRIMINAL CASE NO. 10 OF 2018
REPUBLIC..................................................................................................PROSECUTION
VERSUS
LIBAN MOHAMED SAMBUL...........................................................................ACCUSED
SENTENCE
The court has considered that the accused has been in custody for 3 years. He is a first offender and was about 20 years when he committed the offence.
The court has also considered the gravity of the offence and the manner in which the accused butchered an innocent child and for no reason. The action of slaughtering the innocent being was inhuman and barbaric to say the least.
The accused has not in any way shown to be remorseful and to the court he is certainly a danger to the community, a loose cannon that need to be kept away.
For his unconscionable behavior and in order to give him a chance later in life should he rehabilitate. He is sentenced to serve 25 years in jail.
DATED, DELIVERED AND SIGNED AT GARISSA THIS 21ST DAY OF OCTOBER, 2021.
......................
ALI-ARONI
JUDGE