[2024] KEHC 7167 (KLR)
The court found that the accused's violent conduct, substance abuse, and lack of community support rendered him unsuitable for a non-custodial sentence. The risk to his immediate family and the broader community was significant, and his own admission that even his parents had not visited him in prison indicated a...
Source-derived case information.
- Citation
- [2024] KEHC 7167 (KLR)
- Parties
- Applicant: Republic; Defendant: Amos Nabwire Makokha
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E115 of 2021
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to twenty years' imprisonment, last three years on probation.
- Judges
- PJO Otieno
- Legal Topics
- Sentencing Principles, Probation Orders, Substance Abuse Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Amos Nabwire Makokha
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence given the circumstances of the offence.
- 2 What is the appropriate length and structure of the sentence considering the offender's risk to the community and prospects for rehabilitation.
Ratio Decidendi
The court found that the accused's violent conduct, substance abuse, and lack of community support rendered him unsuitable for a non-custodial sentence. The risk to his immediate family and the broader community was significant, and his own admission that even his parents had not visited him in prison indicated a lack of social support. The court determined that institutionalized correction and rehabilitation were necessary. Accordingly, the accused was sentenced to twenty years' imprisonment, with the last three years to be served on probation under supervision, balancing the need for punishment, deterrence, and eventual reintegration.
Court Disposition
Accused sentenced to twenty years' imprisonment, last three years on probation.
Orders
- The accused shall serve an imprisonment term of twenty (20) years from 15/4/2021.
- The last three (3) years of the sentence will be served on probation under the supervision of the County Director of Probation, Kakamega.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Makokha (Criminal Case E115 of 2021) [2024] KEHC 7167 (KLR) (31 May 2024) (Sentence)
Neutral citation: [2024] KEHC 7167 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E115 of 2021
PJO Otieno, J
May 31, 2024
Between
Republic
Prosecutor
and
Amos Nabwire Makokha
Accused
Sentence
1. The court has given due regard and weight to the circumstances under which the offence was committed together with the Pre-sentence report filed. The court has before it an offender who is cruel and violent arising from abuse of substances and thus portends danger and risk to his immediate family and community. In his own words he says not even his mother or father have visited him in prison.
2. He is apparently unwelcomed back to the community and his security if released on non-custodial sentence cannot be guaranteed. He deserves institutionalized correction and rehabilitation.
3. He is sentenced to serve an imprisonment term of twenty (20) years from the 15/4/2021. Of that term, the last three (3) years will be served on probation under the supervision of the County Director of Probation, Kakamega.
4. He has a right of appeal to be exercised within fourteen (14) days from today.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 31ST DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Mageria for the ProsecutionMr. Mbetera for the AccusedCourt Assistant: Polycap