[2024] KEHC 11317 (KLR)
The court considered both mitigating and aggravating factors in determining the sentence. While the accused was a first offender and expressed remorse, the circumstances of the offence were particularly egregious, involving domestic violence and a lack of immediate medical intervention for the victim. The accused's...
Source-derived case information.
- Citation
- [2024] KEHC 11317 (KLR)
- Parties
- Applicant: Republic; Defendant: Wycliffe Musa Lukongo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 20 years imprisonment
- Judges
- SC Chirchir
- Legal Topics
- Murder, Sentencing Principles, Mitigation, Aggravating Factors, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wycliffe Musa Lukongo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder under the circumstances presented.
- 2 Whether mitigating factors such as being a first offender and showing remorse should reduce the sentence.
- 3 Whether aggravating factors, including domestic violence and the accused's conduct after the offence, warrant a stiffer sentence.
Ratio Decidendi
The court considered both mitigating and aggravating factors in determining the sentence. While the accused was a first offender and expressed remorse, the circumstances of the offence were particularly egregious, involving domestic violence and a lack of immediate medical intervention for the victim. The accused's conduct after the offence, including going into hiding, further aggravated the situation. The court found that these aggravating factors outweighed the mitigating ones, necessitating a custodial sentence that would serve as a deterrent to domestic violence. Consequently, the accused was sentenced to 20 years in prison, with the sentence to run from the date of first arraignment.
Court Disposition
accused sentenced to 20 years imprisonment
Orders
- The accused is sentenced to 20 years in prison, effective from 4/2/2019.
- The accused has a right of appeal limited to 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Lukongo (Criminal Case 11 of 2019) [2024] KEHC 11317 (KLR) (26 September 2024) (Sentence)
Neutral citation: [2024] KEHC 11317 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 11 of 2019
SC Chirchir, J
September 26, 2024
Between
Republic
Prosecution
and
Wycliffe Musa Lukongo
Accused
Sentence
1. The Accused herein was convicted of the murder of his wife.
2. In Mitigation, through his Advocate, Mr. Otyseno he told the court that he was remorseful, and that he was a first offender; that he was the sole provider to his 7 children. He submits that he has been in custody throughout the time in trial and he has learnt his lessons. He prays for a non-custodial sentence.
3. On the other hand, the prosecution sought for a stiff custodial sentence. It is submitted that the circumstances of the killing were bizarre; that the deceased was killed for questioning the accused’s action of bringing a mistress to their matrimonial home.
4. From the social inquiry carried out by the probation officer,it is indicated that the Accused use to abuse alcohol and suffered instances of poor health. The circumstances of the Offence as presented in the social inquiry report tallies with the prosecution witnesses’ accounts.
5. There was no report indicating that the Accused was a repeat offender. I will therefore treat him as a first offender, which is a mitigating factor. Remorse is equally a mitigating factor.
6. The circumstances of the offence however aggravate the Accused’s crime. This was a case of domestic violence and the sentence meted out must speak to the deterrence of this vice. Further the alteration between the accused and the deceased did not warrant the infliction of such a fatal injury to the deceased. It also emerged from the evidence that despite, injuring the deceased in the early evening he never sought any medical intervention until the body was discovered in the house in the morning. By then the accused had gone into hiding. The accused’s conduct is a reflection of his devaluation of human life.
7. Taking all the aforegoing into consideration, I hereby sentence the accused to 20 years in prison. The sentence to take effect from 4/2/2019 being the date when he was first arraigned in court.
8. The Accused has right of Appeal limited to the 14 days.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 26TH DAY OF SEPTEMBER 2024S. CHIRCHIRJUDGE.In presence of:-Godwin Luyundi- Court AssistantAccused- presentMs . Osoro for DPP