[2023] KEHC 19039 (KLR)
The court found that the accused acted with intent, as demonstrated by his prior threats and the manner in which he executed the offence. Despite mitigation regarding his family circumstances and rehabilitation efforts, the gravity of the offence, the brutality of the act, and the severe psychological impact on the...
Source-derived case information.
- Citation
- [2023] KEHC 19039 (KLR)
- Parties
- Applicant: Republic; Defendant: Papa Boutros Martin
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to 30 years' imprisonment from September 29, 2020. Right of appeal explained.
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing Principles, Mitigation, Victim Impact Statements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Papa Boutros Martin
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be given a lenient sentence based on mitigation and lack of premeditation.
- 2 Whether the evidence supports a finding of premeditation or intent to kill.
- 3 What is the appropriate sentence for the offence committed.
Ratio Decidendi
The court found that the accused acted with intent, as demonstrated by his prior threats and the manner in which he executed the offence. Despite mitigation regarding his family circumstances and rehabilitation efforts, the gravity of the offence, the brutality of the act, and the severe psychological impact on the victim's family warranted a severe sentence. The court determined that a sentence of 30 years' imprisonment was appropriate to reflect the seriousness of the crime and to serve the interests of justice, commencing from the date of remand.
Court Disposition
Accused sentenced to 30 years' imprisonment from September 29, 2020. Right of appeal explained.
Orders
- The accused is sentenced to 30 years' imprisonment to run from September 29, 2020.
- Right of appeal within 14 days explained to the accused.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Martin (Criminal Case E007 of 2020) [2023] KEHC 19039 (KLR) (13 June 2023) (Sentence)
Neutral citation: [2023] KEHC 19039 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case E007 of 2020
A. Ong’injo, J
June 13, 2023
Between
Republic
Prosecutor
and
Papa Boutros Martin
Accused
Sentence
1. This court has considered mitigation made by Ms Ayieko Advocate on behalf of the accused and confirmed that indeed the accused has 2 children who are twins aged one-year-old as at February 24, 2021 – currently – 3 years and that the children are now in custody of accused persons in-law in Nairobi as the wife Rita Atieno went to reside and work in Vanga following his arrest.
2. Although it has been submitted that the offence was not pre-meditated, evidence adduced by prosecution witnesses, particularly PW 2 testified that he saw accused armed with a knife and on inquiring why he was walking with a knife the accused told him that if he found the 2 young men who stole his phone they would either produce the phone or he would tear their intestines apart.
3. Accused person executed his plans by stabbing the deceased person deeply on the chest and penetrated his heart thus resulting into fatal profuse bleeding. The accused 48 years old man cornered/waylaid the deceased, a young man of 28 years in a narrow corridor where he had no way of escape and there was no one to rescue him and he inflicted the fatal injuries.
4. PW 3 tried to restrain the accused person from inflicting injuries on the deceased but he was enraged and persistently struggled to reach and harm his victim. It is good enough that accused while in remand custody has attended Bible School and was baptized and that this court may wish to forgive him but forgiveness does not mean he should not be punished. Contrary to assertions that the mother and brother of deceased have no problem if he is released, the Victim Impact Statement indicates that they have suffered severe psychological effects and view the incident that led to the loss of their kin as most inhuman incident they have ever seen.
5. They demanded for expedited justice and that maximum sentence should be meted out. This court is of the view that commensurate punishment for the offence committed by the accused person is 30 years to run from September 29, 2020.
6. Right of Appeal – 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 13TH DAY OF JUNE 2023HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel - Court assistantMr. Ngiri Prosecutor for StateMs. Mbaka Advocate hold brief for Ms. Ayieko Advocate for AccusedAccused – Present in personHON. LADY JUSTICE A. ONG’INJO JJUNE 13, 2023