[2024] KEHC 6209 (KLR)
The court found that, despite the accused having served approximately twelve years in custody pending trial, the circumstances of the offence—marked by an astonishing level of cruelty to a helpless child—necessitated a sentence that underscored both retribution and the safety of the community. The court determined...
Source-derived case information.
- Citation
- [2024] KEHC 6209 (KLR)
- Parties
- Applicant: Republic; Defendant: Cetric Likalamu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2012
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- accused sentenced to thirty years imprisonment, sentence to run from date of arrest
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Principles, Mitigation, Custodial Sentence, Child Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cetric Likalamu
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the period already served in custody should be considered in sentencing.
- 2 What is the appropriate sentence given the circumstances and cruelty of the offence committed against a child.
Ratio Decidendi
The court found that, despite the accused having served approximately twelve years in custody pending trial, the circumstances of the offence—marked by an astonishing level of cruelty to a helpless child—necessitated a sentence that underscored both retribution and the safety of the community. The court determined that a custodial sentence of thirty years was appropriate, with the sentence to be computed from the date of arrest and charge (9 July 2012), thereby taking into account the period already served. The court also noted the accused's right of appeal within fourteen days.
Court Disposition
accused sentenced to thirty years imprisonment, sentence to run from date of arrest
Orders
- The accused is sentenced to thirty (30) years imprisonment.
- The sentence shall be computed from 9 July 2012, the date of arrest and charge.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Likalamu (Criminal Case 24 of 2012) [2024] KEHC 6209 (KLR) (20 May 2024) (Sentence)
Neutral citation: [2024] KEHC 6209 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 24 of 2012
PJO Otieno, J
May 20, 2024
Between
Republic
Prosecution
and
Cetric Likalamu
Accused
Sentence
1. The court has considered the period of about twelve (12) years served by the Accused in custody pending trial and regrets the delay in concluding this matter.
2. The court has equally considered the address in mitigation by both Counsel and the Pre-sentence Report in the light of the circumstances under which the offence was committed.
3. While the court appreciates that offenders have the right to expect, the most lenient of the sentence available, it choses to underscore retribution and safety of the community especially the children.
4. On that basis the court appreciates the circumstances under which the offence was committed to disclose an astonishing level of cruelty to a helpless child and sentences the accused to thirty (30) years imprisonment.
5. The sentence shall be computed from the 9. 7.2012 when he was arrested and charged.
6. He has a right of appeal to be exercised within fourteen (14) days from today.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 20TH DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:-Ms. Chala for the ProsecutionMr. Osango for the AccusedCourt Assistant: Polycap