[2024] KEHC 6207 (KLR)

[2024] KEHC 6207 (KLR)

The court, after considering the mitigation presented by counsel for the accused, the pre-sentence report, and the objectives and goals of sentencing in the criminal justice system, determined that a custodial sentence of eight years was appropriate. The sentence is to be computed from the date of first remand, 25...

Source-derived case information.

Citation
[2024] KEHC 6207 (KLR)
Parties
Applicant: Republic; Defendant: Gabriel Makhulo Malala
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Case Number
Criminal Case E120 of 2021
Procedural Posture
Criminal Case / Sentencing Ruling
Outcome
accused sentenced to eight years imprisonment from 25.5.2021; right of appeal within fifteen days
Judges
PJO Otieno
Legal Topics
Sentencing Principles, Mitigation, Right of Appeal
Source Language
en
Criminal Law Sentencing Principles Mitigation Right of Appeal

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Parties

Republic

Applicant

Gabriel Makhulo Malala

Defendant

Procedural Posture

Criminal Case / Sentencing Ruling

Legal Issues

  1. 1 What is the appropriate sentence for the accused upon conviction.
  2. 2 Whether the court should consider mitigation and pre-sentence report in determining sentence.

Ratio Decidendi

The court, after considering the mitigation presented by counsel for the accused, the pre-sentence report, and the objectives and goals of sentencing in the criminal justice system, determined that a custodial sentence of eight years was appropriate. The sentence is to be computed from the date of first remand, 25 May 2021. The court also informed the accused of the right to appeal within fifteen days. The decision reflects a balance between the seriousness of the offence, the circumstances of the accused, and the need for justice and deterrence.

Court Disposition

accused sentenced to eight years imprisonment from 25.5.2021; right of appeal within fifteen days

Orders

  • The accused is sentenced to serve a jail term of eight years computed from 25.5.2021.
  • The accused has a right of appeal to be exercised within fifteen days from 22 May 2024.