[2024] KEHC 5535 (KLR)
The court found that the offence of murder is extremely serious and cannot be justified after conviction. While acknowledging the importance of correction and rehabilitation, the court determined that a non-custodial sentence would not adequately serve the interests of justice, public safety, or the need for...
Source-derived case information.
- Citation
- [2024] KEHC 5535 (KLR)
- Parties
- Applicant: Republic; Defendant: Edwin Mukweyu Makokha; Defendant: Benson Mahitsi Mahaka
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2014
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Both accused persons sentenced to twenty-five years' imprisonment each, sentences to run from 29 February 2024.
- Judges
- PJO Otieno
- Legal Topics
- Murder, Sentencing Principles, Repeat Offender, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Edwin Mukweyu Makokha
Defendant
Benson Mahitsi Mahaka
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether a custodial or non-custodial sentence is appropriate for the offence of murder committed by the accused persons.
- 2 How the repeat offending and circumstances of the offence affect sentencing.
Ratio Decidendi
The court found that the offence of murder is extremely serious and cannot be justified after conviction. While acknowledging the importance of correction and rehabilitation, the court determined that a non-custodial sentence would not adequately serve the interests of justice, public safety, or the need for deterrence, especially given the 2nd accused's status as a repeat offender who committed another offence while on bond. The court therefore imposed a custodial sentence of twenty-five years' imprisonment for each accused, with the sentence to run from the date of conviction and bond cancellation.
Court Disposition
Both accused persons sentenced to twenty-five years' imprisonment each, sentences to run from 29 February 2024.
Orders
- Each accused person to serve an imprisonment term of twenty-five (25) years.
- Sentence to be computed from 29.2.2024, the date of conviction and bond cancellation.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Makokha & another (Criminal Case 20 of 2014) [2024] KEHC 5535 (KLR) (17 May 2024) (Sentence)
Neutral citation: [2024] KEHC 5535 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 20 of 2014
PJO Otieno, J
May 17, 2024
Between
Republic
Prosecution
and
Edwin Mukweyu Makokha
1st Accused
Benson Mahitsi Mahaka
2nd Accused
Sentence
1. The 2nd Accused is a repeat offender who committed an offence while on bond. He was charged and convicted of stealing a pig and sentence to one (1) year imprisonment. He still serves that sentence.
2. The court has considered the circumstance under which the offence was committed, the pre-sentence report and the address on mitigation by both the defence and prosecution.
3. The court appreciates the offence of murder to be very grave and never justifiable after conviction. While appreciative of the need for correction and rehabilitation, the court equally appreciates the purpose of criminal law to enforce peace and safety of the citizens.
4. The court considers the imposition of a non-custodial sentence to be inappropriate in meeting the need for correction, rehabilitation and subsequent reintegration of the Accused into society as useful citizens.
5. For that reason, the court is left with the option of custodial sentence and sentences the accused person to each serve an imprisonment term of twenty five (25) years.
6. The terms be computed from the 29. 2.2024 when they were convicted and their bonds cancelled.
7. Right of appeal within fourteen (14) days from today is explained. Let the court file be closed.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 17TH DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMs. Mahuni for the AccusedCourt Assistant: Polycap