[2023] KEHC 27143 (KLR)
The court found that the accused, though convicted of murder, was a first offender, was 18 years old at the time of the offence, and had already served close to 10 years in custody. The offence occurred in the context of ongoing domestic violence, with the deceased being the primary aggressor. The court determined...
Source-derived case information.
- Citation
- [2023] KEHC 27143 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Mandela Lukulu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2014
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- accused released after serving sufficient sentence
- Judges
- SC Chirchir
- Legal Topics
- Murder, Sentencing, Mitigation, Domestic Violence, First Offender, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Mandela Lukulu
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the period already served by the accused is sufficient punishment for the offence of murder.
- 2 What weight should be given to the accused's status as a first offender and his age at the time of the offence.
- 3 How the history of domestic violence and family circumstances should influence sentencing.
Ratio Decidendi
The court found that the accused, though convicted of murder, was a first offender, was 18 years old at the time of the offence, and had already served close to 10 years in custody. The offence occurred in the context of ongoing domestic violence, with the deceased being the primary aggressor. The court determined that further incarceration would not serve the interests of justice or the family, and that rehabilitation outside prison was more appropriate. Accordingly, the period already served was deemed sufficient punishment, and the accused was ordered to be released forthwith unless otherwise lawfully held.
Court Disposition
accused released after serving sufficient sentence
Orders
- The accused be released forthwith unless otherwise lawfully held.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Lukulu (Criminal Case 16 of 2014) [2023] KEHC 27143 (KLR) (19 December 2023) (Sentence)
Neutral citation: [2023] KEHC 27143 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 16 of 2014
SC Chirchir, J
December 19, 2023
Between
Republic
Prosecution
and
Geoffrey Mandela Lukulu
Accused
Sentence
1. The accused herein was been charged with murder of one Benedict Lukulu Lituro, was tried and convicted of the crime. Thereafter a presentencing report was prepared and the matter placed before me for sentencing.
2. In mitigation, Mr. Kombwayo Advocate, on behalf of the accused, told the court that he was first offender; that at 28 years, he was a young person and should be given a chance to reform. He referred the court to the witnesses’ accounts which point to the fact that the Accused had been a victim of the deceased’s abuse and harassment. He stated that he was however remorseful. And finally, that his family was ready to take him back.
3. For the state, Ms. Osoro pointed out that the deceased killed his kin and the report indicates that one side of the family do not want him back. She urged the court to strike a balance between the interest of the accused and the victim’s family.
4. The presentencing report paints a family bedeviled by alcohol abuse and violence. The violence being mainly inflicted by the deceased. The report further states that the accused, though drunkard, was not known for violent tendencies.
5. I have considered the rival submissions, and the probation officer’s report. I have also considered the circumstances of the offence which indicate that the accused was the initially the aggressor. The accused had been threatened by the deceased. It is apparent that the accused was reacting to an on- going incidences of domestic violence. However, the accused overreacted and the force used, was excessive.
6. There is also evidence that both the deceased and the accused were drunk at the time. I have also considered the fact that the accused is a first offender and he is remorseful.
7. The accused was 18 years old at the time he committed the offence, he was barely an adult. He has spent close to 10 years in custody, which time, I hope has been one of introspection.
8. The victim was his father, and taking into consideration the family concerns as expressed in the presentencing report, am of the view that their sense of loss will not be assuaged by further incarceration of the accused. It appears to me that it will be aggravated instead. I am convinced that what the accused needs is rehabilitation, outside of, and not inside, the prison.
9. In view of the aforegoing, I am of the considered view, and therefore find , that the period of close to 10 years already served is sufficient.
10. Therefore, I order that the accused be released forthwith, unless otherwise lawfully held.
11. Right of appeal 14 days.
DATED SIGNED AND DELIVERED AT KAKAMEGA THIS 19TH DAY OF DECEMBER 2023. S. CHIRCHIRJUDGE