[2024] KEHC 2266 (KLR)
The court found that the offence of murder committed by the accused was aggravated by the fact that it occurred while he was already facing trial for attempted murder involving the same victim. The court considered the negative community perception, the ongoing psychological harm to the victim's family, and the...
Source-derived case information.
- Citation
- [2024] KEHC 2266 (KLR)
- Parties
- Applicant: Republic; Defendant: Nyanje Mazera Machupa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E034 of 2021
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Victim Impact Statement, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nyanje Mazera Machupa
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of murder committed while facing trial for attempted murder.
- 2 Whether the circumstances and impact of the offence warrant a deterrent sentence.
Ratio Decidendi
The court found that the offence of murder committed by the accused was aggravated by the fact that it occurred while he was already facing trial for attempted murder involving the same victim. The court considered the negative community perception, the ongoing psychological harm to the victim's family, and the accused's continued threats while in custody. The court held that these factors demonstrated a lack of remorse and ongoing risk to the community. The court determined that a deterrent custodial sentence was necessary to reflect the gravity of the offence and its impact on the victims and society. The sentence was set at forty years' imprisonment, to run from the date the accused...
Court Disposition
convicted and sentenced
Orders
- The accused person is sentenced to forty (40) years imprisonment.
- The sentence shall run from 8th November 2021 pursuant to Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Machupa (Criminal Case E034 of 2021) [2024] KEHC 2266 (KLR) (5 March 2024) (Sentence)
Neutral citation: [2024] KEHC 2266 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E034 of 2021
A. Ong’injo, J
March 5, 2024
Between
Republic
Prosecutor
and
Nyanje Mazera Machupa
Accused
Sentence
1. The accused person Nyanje Mazera Machupa was charged with the offence of murder contrary to Section 203 as read 204 of the Penal Code.
2. Particulars are that Nyanje Mazera Machupa on the 19th day of October 2020 at Kiwegu Village in Vanga Location Lungalunga Sub-County within Kwale County, with others before court murdered Mwalewa Jeffa.
3. The accused person was found guilty and convicted, and the Presentence Report as well as the Victim Impact Statement were called by the court. Mr. Ochieng’ mitigated on behalf of the accused person and said he was a sole bread winner to his wife and children. He said that he had been in custody since 8th January 2021 and believed that he had learnt his lesson. He said that the accused was remorseful and ready to be reintegrated into society.
4. The views of the community in the Presentence Report in respect to the accused person are not favourable. The accused is perceived negatively due to his close association with the 1st accused person in Criminal Case No. E014 of 2020. He was also an accused person in Msambweni Law Courts where the deceased herein was the complainant and he went underground for over one year after the offence herein was committed. Members of the community said they were relieved when they learnt that he had been arrested as he was adversely mentioned in relation to the death of the deceased.
5. The Victim Impact Statement was also filed on 28th February 2024 and it shows that the long standing feud between the 1st accused in Criminal Case No. E014 of 2020, and his mother and siblings on the one hand and the deceased before and after the incident herein caused profound emotional and psychological impact on the secondary victims. That a sustained emotional and psychological attacks on the secondary victims made the whole family to leave their home. The secondary victims have reported other incidences to the police which are under investigation. It is indicated that Nyale Mwalewa Jefa, the son of the deceased had shown signs of psychological breakdown.
6. In consideration of the Pre-Sentence Report, the Victim Impact Statement, mitigation by the accused person, and the circumstances of the offence herein, this court finds that the offence committed by the accused person and the manner in which it was committed is very serious. The accused person committed this offence while he was still facing trial at the Msambweni Magistrate Court for the offence of attempted murder where the deceased was the complainant. The accused person deprived the deceased of his life contrary to Article 26 (1) and (3) of the Constitution of Kenya 2010 and did not care that the action was going to have far reaching psychological effects on the dependants of the deceased who have been left widowed and orphaned respectively. He has further continued to issues threats while in prison custody and several reports have been booked and pending investigations.
7. The offence committed requires a deterrent sentence that mirrors the negative consequences of one’s involvement in criminal activities. A custodial sentence is called for and I hereby sentence the accused person to a term of forty (40) years imprisonment. The sentence to run from 8th November 2021 pursuant to Section 333(2) of the Criminal Procedure Code. Right of appeal within 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS,THIS 5TH DAY OF MARCH 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia- Court AssistantMr. Ngiri for the StateMr. Ochieng’ Advocate for the AccusedAccused present in personHON. LADY JUSTICE A. ONG’INJOJUDGECourt: Certified copies of the judgment and proceedings to be supplied to the state and defence.HON. LADY JUSTICE A. ONG’INJOJUDGE