[2023] KEHC 18233 (KLR)
The court found that, although the accused was convicted of murder, several mitigating factors warranted a reduced custodial sentence. These included the accused's remorse, the fact that he committed the offence under the influence of alcohol, the good prior relationship with the deceased, and the nearly four years...
Source-derived case information.
- Citation
- [2023] KEHC 18233 (KLR)
- Parties
- Applicant: Republic; Defendant: Joel Engomo Lomuria
- Court
- High Court
- Court Station
- High Court at Lodwar
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- JK Sergon
- Legal Topics
- Murder, Sentencing, Mitigation, Alcohol Influence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joel Engomo Lomuria
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the appropriate sentence for the offence of murder should be mitigated by the accused's remorse and time spent in custody.
- 2 Whether intoxication at the time of the offence is a relevant mitigating factor in sentencing for murder.
Ratio Decidendi
The court found that, although the accused was convicted of murder, several mitigating factors warranted a reduced custodial sentence. These included the accused's remorse, the fact that he committed the offence under the influence of alcohol, the good prior relationship with the deceased, and the nearly four years already spent in custody. The court determined that these factors justified a sentence less than the maximum prescribed for murder, and imposed an eight-year term of imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused, Joel Engomo Lomuria, is sentenced to serve 8 years imprisonment.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Lomuria (Criminal Case 11 of 2019) [2023] KEHC 18233 (KLR) (31 May 2023) (Sentence)
Neutral citation: [2023] KEHC 18233 (KLR)
Republic of Kenya
In the High Court at Lodwar
Criminal Case 11 of 2019
JK Sergon, J
May 31, 2023
Between
Republic
Prosecutor
and
Joel Engomo Lomuria
Accused
Sentence
1. On 30th March, 2023, the Accused herein Namely:- Joel Engomo Lomuria was convicted for the offence of Murder Contrary to section 203 as read with section 204 of the Penal Code.
2. Upon convicting the Accused, this Court invited the Accused to make submissions on mitigation. This Court further asked the Probation to file a Pre-sentence Report to enable this court determine the appropriate sentence.
3. I have considered the fact that the Accused has been in custody for 3 years 8 months and the fact that the Accused committed the offence under the influence of alcohol. This court has also noted that the Accused regrets committing the offence.
4. In the Probation Pre-sentence Report, it is indicated that the Accused committed the offence under the influence of alcohol. It is also recorded that the Accused and the deceased had a good relationship and that he regrets his action which led to the Deceased’s death.
5. Maryanne Kariuki, the Accused’s Advocate stated in the written submissions on mitigation that the Accused Person committed the offence under the influence of alcohol hence he was not aware of the legal and factual consequences of his actions. She also stated that the Accused is remorseful.
6. Having considered the mitigating factors and the Pre-sentence Report plus the fact that the Accused has been in custody for nearly four (4) years, I am convinced that the appropriate sentence should be a short custodial sentence.
7. I hereby sentence the Accused Person Namely:- Joel Engomo Lomuria to serve 8 years imprisonment.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 31STDAY OF MAY, 2023. ………….…………….J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor - KakoiAccused – Present in Prison