[2023] KEHC 25333 (KLR)
The court considered the submissions of both the prosecution and the defence, the pre-sentencing report, and the fact that the accused had spent seven years and ten months in remand custody. The court also noted the accused's lack of remorse and continued denial of the offence, as well as the loss of an innocent...
Source-derived case information.
- Citation
- [2023] KEHC 25333 (KLR)
- Parties
- Applicant: Republic; Defendant: Ashton Wachira Muhoria
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2016
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- The accused is sentenced to six years' imprisonment from the date of the ruling.
- Judges
- HI Ong'udi
- Legal Topics
- Murder, Sentencing, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ashton Wachira Muhoria
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be given a custodial or non-custodial sentence for the offence of murder.
- 2 Whether the period spent in remand custody should be considered in sentencing.
- 3 Whether the accused's lack of remorse and denial of the offence should affect the sentence.
Ratio Decidendi
The court considered the submissions of both the prosecution and the defence, the pre-sentencing report, and the fact that the accused had spent seven years and ten months in remand custody. The court also noted the accused's lack of remorse and continued denial of the offence, as well as the loss of an innocent life. The pre-sentencing report did not recommend a non-custodial sentence due to the accused's attitude. Balancing these factors, the court determined that a custodial sentence was appropriate and sentenced the accused to six years' imprisonment from the date of the ruling.
Court Disposition
The accused is sentenced to six years' imprisonment from the date of the ruling.
Orders
- The accused shall serve a sentence of six years' imprisonment from November 15, 2023.
- Right of appeal explained.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Muhoria (Criminal Case 2 of 2016) [2023] KEHC 25333 (KLR) (15 November 2023) (Ruling)
Neutral citation: [2023] KEHC 25333 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 2 of 2016
HI Ong'udi, J
November 15, 2023
Between
Republic
State
and
Ashton Wachira Muhoria
Accused
Ruling
1. The Accused Ashton Wachira Muhoria was first arraigned before this court on 18th January, 2016. Plea was later taken on 8th February, 2016 and the accused pleaded not guilty.
2. The matter proceeded to full hearing and he was convicted of the offence of Murder contrary to section 203 of the Penal code as read with section 215 of theCriminal Procedure Code.
3. The Learned prosecution counsel Mr. Kihara informed the court that the accused is a first offender but he has not accepted his wrong doing. He asked for a custodial sentence.
4. M/s Moenga counsel for the accused in mitigation informed the court that the accused has been in custody for 7 years and has undergone several courses (referred to certificates filed). She requested the court to consider the period he has been in custody.
5. A pre-sentencing report dated October 16, 2023 was filed in court the same day by the Probation office. The report shows that the accused still denies commission of the offence. The report does not call for a non-custodial sentence since the officers would not know how to handle the accused given his attitude.
6. There is high suspicion that there was a love relationship between the accused and the deceased. This is in the judgment and the pre-sentencing report.
7. I have taken into account both submissions on sentence, plus the pre-sentencing report.
8. I have also taken note of the fact that an innocent life was lost through the accused’s action. I have equally taken into account the period of seven (7) years plus ten (10) months the accused has been in remand custody.
9. He will serve a sentence of six (6) years imprisonment from today’s date. Right of appeal explained.
10. Orders accordingly.
DELIVERED, DATED AND SIGNED THIS 15TH DAY OF NOVEMBER, 2023 IN OPEN COURT AT NAKURU................H. I. ONG’UDIJUDGE