[2020] KEHC 781 (KLR)
The court found that the accused, having been convicted of murder, was not suitable for a non-custodial sentence due to the gravity of the offence, the fatal consequences of his actions, and his demonstrated inability to manage anger and substance abuse. The presentencing report did not support a non-custodial...
Source-derived case information.
- Citation
- [2020] KEHC 781 (KLR)
- Parties
- Respondent: Republic; Defendant: Lucas Munandu Malile
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 04 of 2017
- Procedural Posture
- Criminal Law / Sentencing Ruling
- Outcome
- convicted and sentenced to imprisonment
- Legal Topics
- Murder, Sentencing, Mitigation, Remand Custody, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Lucas Munandu Malile
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be granted a custodial or non-custodial sentence for the offence of murder.
- 2 Whether the period spent in remand custody should be considered in sentencing.
- 3 Whether the accused's personal circumstances and mitigation warrant leniency.
Ratio Decidendi
The court found that the accused, having been convicted of murder, was not suitable for a non-custodial sentence due to the gravity of the offence, the fatal consequences of his actions, and his demonstrated inability to manage anger and substance abuse. The presentencing report did not support a non-custodial sentence, and the welfare of the deceased's children, now in a children's home, further underscored the seriousness of the offence. The court considered the period the accused had already spent in remand custody (three years and nine months), his age, and his mitigation, but ultimately determined that an eight-year custodial sentence was appropriate to reflect the loss of life and...
Court Disposition
convicted and sentenced to imprisonment
Orders
- The accused is sentenced to eight (8) years imprisonment.
- Right of appeal explained to the accused.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 04 OF 2017
REPUBLIC...........................................................................PROSECUTION
-VERSUS-
LUCAS MUNANDU MALILE.....................................................ACCUSED
RULING ON SENTENCE
1. Lucas Munandu Malile was convicted of murder contrary to section 203 as read with section 204 of the Penal Code on 12th November 2020. The matter is now before me for sentencing. The deceased in this case was the accused’s wife of one year only.
2. A presentencing report was filed by the County Probation Officer Mr. S. M. Munyasya on 9th December 2020. In his mitigation through his counsel Mr. Hassan, the accused asks for leniency and a non-custodial sentence. He says he has young children to take care of. He also asks the court to consider the period he has been in custody.
3. It is clear from the record that the accused and deceased had been married for about a year. At the time of marriage the deceased had two children who were not the accused’s. When this incident that led to her death occurred the deceased had just gotten her 3rd child who was less than three (3) weeks old.
4. The report by the probation officer shows that the three (3) minors have been placed in a children’s home in Kitui for their care and custody.
5. The report also shows that the deceased was not the accused’s first wife. The circumstances under which he parted with 1st wife with whom he had equally stayed with for a year are in the presentencing report. The two instances i.e. of the accused’s first wife and the deceased reveal that the accused is a person of unmanageable anger and emotions. He was glued to alcohol and bhang, and the repercussions have been disastrous. He actually hit the deceased with a hammer and the result was fatal.
6. I have considered the following:-
Accused’s mitigation.
Reports from prison.
The period he has been in remand custody (3 years + 9 months).
His age (48 years).
Presentencing report which did not support a non-custodial sentence.
The loss of a human life.
7. After considering the above I sentence the accused to eight (8) years imprisonment. Right of appeal explained.
Delivered, signed & dated this 15th day of December 2020, in open court at Makueni.
........................
H. I. Ong’udi
Judge