[2019] KEHC 923 (KLR)
The court found that despite mitigation and the widow's forgiveness, the pre-sentence report was unfavorable, indicating the accused had not changed his behavior, was not remorseful, and remained a nuisance in the community. The court determined that a custodial sentence was warranted due to the seriousness of the...
Source-derived case information.
- Citation
- [2019] KEHC 923 (KLR)
- Parties
- Applicant: Republic; Defendant: Matundura Nyamweya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- REA Ougo
- Legal Topics
- Murder, Sentencing, Mitigation, Remorse, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Matundura Nyamweya
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of murder.
- 2 Whether mitigation and remorse by the accused should affect the sentence imposed.
- 3 Whether the pre-sentence report supports a non-custodial sentence.
Ratio Decidendi
The court found that despite mitigation and the widow's forgiveness, the pre-sentence report was unfavorable, indicating the accused had not changed his behavior, was not remorseful, and remained a nuisance in the community. The court determined that a custodial sentence was warranted due to the seriousness of the offence, lack of remorse, and negative community sentiment. The accused was therefore sentenced to 20 years imprisonment for murder, with the right of appeal within 14 days.
Court Disposition
convicted and sentenced
Orders
- The accused Matundura Nyamweya is sentenced to 20 years imprisonment.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: R.E. OUGO J
CRIMINAL CASE NO 11 OF 2016(MURDER)
REPUBLIC…………….......……………………..……….PROSECUTION
VERSUS
MATUNDURA NYAMWEYA……………………………….….ACCUSED
SENTENCING
1. Matundura Nyamweyaby information dated 15/4/2016 was charged with murder contrary to section 203 as read with section 204 of the Penal Code. He has been found guilty of the murder of Kashmir Onsari Mariera.The accused was charged on the 15/4/2016. His trial up to conviction has taken about 3 ½ years. He has been out on bond.
2. The prosecution states that he is first offender. I have considered the mitigation raised. He is said to be remorseful. He is said to be the sole bread winner and that it is alcohol that led him to commit the offence. It was also stated that he has tried to extend a hand of reconciliation to the deceased’s family. The widow of the deceased has informed the court that she has forgiven the deceased and that she leaves it to court.
3. The pre-sentence report indicates that he is a father of 5 children. The report further states that community is complaining of his behavior of drinking even after being released on bond and that he is a nuisance in the community as they have a lot of complaints from the public. The report indicates he has a previous conviction of being drunk and disorderly and that his not remorseful as he proudly says that for him it is normal to be violent when drunk and the people does not joke with him. The report further indicates that the community is negative and that the widow’s brother and that a custodial sentence is in order since the accused is not remorseful.
4. The pre-sentence report is not favourable. It is apparent that the accused person has not changed his behavior despite being released on bond and has not even shown any remorse whilst a bond.The deceased lost his life in circumstances that were unwarranted.
5. Having considered all the above and I sentence the accusedMatundura Nyamweya to 20 years in jail. He has a right of appeal within 14 days.
Dated, signed and delivered at Kisii this 11th Day of November 2019
R. E. OUGO
JUDGE
In the presence of;
Accused In Person
Mr. Magara h/b Mr. Nyangacha For the Accused
Mr. Otieno Senior Prosecution Counsel office of the DPP
Evans Court Clerk