[2024] KEHC 2586 (KLR)
The court, after considering the circumstances of the offence, the convict's antecedents, the views of the community and families, and the recommendations of the presentence report, determined that the offender should be removed from society for a substantial period to serve both deterrent and rehabilitative...
Source-derived case information.
- Citation
- [2024] KEHC 2586 (KLR)
- Parties
- Applicant: Republic; Defendant: Chrispinus Likobe
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2019
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Principles, Rehabilitation, Deterrence, Imprisonment Terms
- 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
Chrispinus Likobe
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 What is the appropriate sentence for the accused given the circumstances of the offence and the convict's antecedents?
- 2 Should the sentence account for time already spent in custody awaiting trial?
Ratio Decidendi
The court, after considering the circumstances of the offence, the convict's antecedents, the views of the community and families, and the recommendations of the presentence report, determined that the offender should be removed from society for a substantial period to serve both deterrent and rehabilitative purposes. The court further held that the sentence should be computed from the date the accused was first placed in custody, in accordance with statutory requirements and established sentencing principles.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve an imprisonment term of fifteen (15) years computed from 3rd January 2019, the date of arrest and placement in custody.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Likobe (Criminal Case 9 of 2019) [2024] KEHC 2586 (KLR) (13 March 2024) (Sentence)
Neutral citation: [2024] KEHC 2586 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 9 of 2019
PJO Otieno, J
March 13, 2024
Between
Republic
Prosecution
and
Chrispinus Likobe
Accused
Sentence
1. The Court has taken due regard about the circumstances under which the offence took place, the disclosed circumstances of the convict as well as his disclosed antecedents prior to the offense, the views of the community, his family and the family of the victim as captured in the presentence report. The Court has equally given due regard to the pre-sentence report and its recommendation.
2. Taking all the revealed facts into consideration, the Court determines that the offender needs to be removed from society as a matter not only to deter him from similar conducts but also to give him time to undergo controlled rehabilitation during which time he may benefit from skill acquisition courses offered in Prison.
3. He is thus sentenced to serve an imprisonment term of fifteen (15) years computed from the 3. 01. 2019 when he was arrested and placed in custody awaiting trial.
DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 13TH DAY OF MARCH, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Arwanda for the AccusedCourt Assistant: Polycap Mukabwa