[2024] KEHC 9347 (KLR)
The court balanced the mitigating factors—namely, the accused's status as a first offender, his remorse, and his role as sole provider for his family—against the aggravating factors, particularly the violent nature of the offence and the fact that it was committed as part of a group. The court found that while the...
Source-derived case information.
- Citation
- [2024] KEHC 9347 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Ikunza Lusuli
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction for Murder
- Outcome
- accused sentenced to 20 years imprisonment for murder
- Judges
- SC Chirchir
- Legal Topics
- Murder Sentencing, Mitigating Factors, Aggravating Factors, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Ikunza Lusuli
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction for Murder
Legal Issues
- 1 Whether the mitigating factors presented by the accused warrant a lenient sentence for the offence of murder.
- 2 Whether the aggravating factors, including participation in a group and the violent nature of the offence, outweigh the mitigating circumstances.
Ratio Decidendi
The court balanced the mitigating factors—namely, the accused's status as a first offender, his remorse, and his role as sole provider for his family—against the aggravating factors, particularly the violent nature of the offence and the fact that it was committed as part of a group. The court found that while the accused's personal circumstances warranted consideration, the gravity of the offence and the need to uphold the sanctity of life required a substantial custodial sentence. The court therefore sentenced the accused to 20 years imprisonment, with the sentence to run from the date of conviction.
Court Disposition
accused sentenced to 20 years imprisonment for murder
Orders
- The accused is sentenced to 20 years imprisonment.
- The sentence shall take effect from the date of conviction, 22/2/2024.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Lusuli (Criminal Case 11 of 2018) [2024] KEHC 9347 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9347 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 11 of 2018
SC Chirchir, J
July 18, 2024
Between
Republic
Prosecutor
and
Simon Ikunza Lusuli
Accused
Ruling
1. The Accused herein was convicted of Murder on 22/2/2024. Thereafter the Director of Probation and After care services prepared a social inquiry report on the accused, and the parties were given an opportunity to make their respective submissions.
2. Through his Advocate Mr Otysieno, the accused told the court he is remorseful and a first offender. He also stated he is a sole bread winner for his family. He seeks for leniency.
3. Ms Osoro, for the Prosecution submitted that the aggravating factors in this case outweighs the mitigating ones, and that the sentence meted out should speak to sanctity of life. She urged the court to pass sentence as provided for in the law.
4. According to the social inquiry, the report paints a picture of an otherwise responsible citizen, prior to the murder incident. His last- born child is 15 years and he lost his wife a while ago. The inquiry also established that the offence occurred during his tenure as a member of the ‘’Nyumba Kumi’’ committee.
5. I have considered the respective submissions. The accused is a first offender and he is remorseful. He is also his family’s sole provider having lost his wife a while back, with the youngest child now aged 15 years. Being a first offender, and remorseful, are mitigating factors under paragraphs 23. 8.7 and 23. 8.8, respectively of the Kenya Judiciary sentencing policy guidelines.
6. However, the deceased’s right to life was taken away in a violent manner, by a group in which the accused herein was part of. Commission of an offence in a group is an aggravating factor (Ref. Paragraph 23. 7.6 of the sentencing policy guidelines).
7. Taking into consideration all the aforegoing. I hereby sentence the Accused to 20 years in prison. The sentence will take effect from the date of conviction.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 18TH DAY OF JULY, 2024. S. CHIRCHIRJUDGE.In the presence of:Godwin – Court AssistantThe Accused.1KAKAMEGA HIGH COURT CRIMINAL CASE NO. 11 OF 2018