Republic v Makokha (Criminal Case 6 of 2017) [2026] KEHC 5007 (KLR) (20 April 2026) (Sentence)

Republic v Makokha (Criminal Case 6 of 2017) [2026] KEHC 5007 (KLR) (20 April 2026) (Sentence)

The court weighed mitigating factors (sole parental responsibility, five minor children) against aggravating factors (denial of guilt, femicide in presence of child, severe assault) and determined that a custodial sentence of twenty-five years imprisonment was appropriate, factoring in time spent in custody during trial.

Citation
[2026] KEHC 5007 (KLR)
Parties
Prosecutor: Republic; Accused: Faraj Wafula Makokha
Court
High Court
Jurisdiction
Kenya
Judgment Date
20 April 2026
Case Number
Criminal Case 6 of 2017
Procedural Posture
Criminal / Sentence
Outcome
Accused sentenced to twenty-five years imprisonment for murder, with time spent in custody during trial to be taken into account.
Legal Topics
Murder, Sentencing, Mitigation, Aggravating Factors, Rehabilitation, Retribution, Deterrence
Source Language
English
Criminal Law Murder Sentencing Mitigation Aggravating Factors Rehabilitation Retribution Deterrence

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Parties

Republic

Prosecutor

Faraj Wafula Makokha

Accused

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 appropriate sentence for murder conviction
  2. 2 consideration of mitigating and aggravating factors
  3. 3 application of sentencing objectives and guidelines

Ratio Decidendi

The court weighed mitigating factors (sole parental responsibility, five minor children) against aggravating factors (denial of guilt, femicide in presence of child, severe assault) and determined that a custodial sentence of twenty-five years imprisonment was appropriate, factoring in time spent in custody during trial.

Court Disposition

Accused sentenced to twenty-five years imprisonment for murder, with time spent in custody during trial to be taken into account.

Orders

  • Accused sentenced to twenty-five years imprisonment.
  • Period spent in custody during trial to be factored in computation of sentence.