[2023] KEHC 2353 (KLR)
The court found that the accused, as part of a group, fatally attacked the deceased with an axe, resulting in death. Despite being a first offender and having a favorable pre-sentence report, the seriousness of the offence, the loss of life, and the manner of the attack outweighed any mitigating factors. The...
Source-derived case information.
- Citation
- [2023] KEHC 2353 (KLR)
- Parties
- Applicant: Republic; Defendant: Zadiq Wanyonyi Musa
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 06 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction for Murder
- Outcome
- accused sentenced to twenty years' imprisonment for murder
- Judges
- REA Ougo
- Legal Topics
- Murder, Sentencing Guidelines, Pre Sentence Report, Warrants of Arrest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Zadiq Wanyonyi Musa
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction for Murder
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for the offence of murder.
- 2 Whether the accused's failure to attend court at judgment should affect sentencing.
- 3 What weight should be given to the pre-sentence report and the accused's status as a first offender.
Ratio Decidendi
The court found that the accused, as part of a group, fatally attacked the deceased with an axe, resulting in death. Despite being a first offender and having a favorable pre-sentence report, the seriousness of the offence, the loss of life, and the manner of the attack outweighed any mitigating factors. The accused's failure to attend court for judgment was not a persuasive excuse and reflected negatively on his conduct. The court exercised its discretion to impose a custodial sentence, holding that a non-custodial sentence would not serve the interests of justice in a case involving the violent loss of life. Accordingly, the accused was sentenced to twenty years' imprisonment from the...
Court Disposition
accused sentenced to twenty years' imprisonment for murder
Orders
- The accused Zadiq Wanyonyi Musa is sentenced to twenty (20) years' imprisonment from the date of sentence.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Musa (Criminal Case 06 of 2013) [2023] KEHC 2353 (KLR) (20 February 2023) (Ruling)
Neutral citation: [2023] KEHC 2353 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Case 06 of 2013
REA Ougo, J
February 20, 2023
Between
Republic
Prosecution
and
Zadiq Wanyonyi Musa
Accused
Ruling
1. Zadiq Wanyonyi Musa was convicted of murder on the March 29, 2018 by Justice Abida Ali. The accused failed to attend court on the December 21, 2017 the date the judgment was to be read. The accused person didn’t attend court on the date the judgment as read on the March 29, 2018. A warrant of arrest was issued on the December 29, 2017 and has been force since then. The accused was arrested in January 2023 and brought to court. He was informed of the judgment. I read it to him and thereafter sought a pre-sentence report. His counsel who was on record then Ms Wakoli attended court and continued to represent him.
2. The judgment read on the March 29, 2018 clearly states what lead to the deceased death. The accused was amongst the group of persons who attacked the deceased with an axe and cut him on the head. The deceased died a painful death.
3. I have considered the guidelines on sentencing . The accused is a 1st offender. The pre-sentence report indicates he is 34 years old. The report is favorable. However, it is noteworthy that accused person failed to turn up in court when he was required to do so and the court had to issue a warrant of arrest. His excuse that his counsel didn’t inform him to attend court in my view is not persuasive at all.
4. A life was lost and the court found that the accused alongside others fatally injured the deceased. The deceased was a young man.
5. In exercising my discretion and noting the facts of the case, I find that a non-custodial sentence is not suitable in this case.
6. I therefore sentence the accused person Zadiq Wanyonyi to serve (20) twenty years in jail from the date of sentence.
7. The accused person has a right of appeal within 14 days.
DATED, SIGNED AND DELIVERED IN BUNGOMA ON THE 28TH FEBRUARY 2023. R.E OUGOJUDGE2. 2023Before: Hon. R.E Ougo JudgeAccused: Zadiq Wanyonyi MusaM/s Mukangu: StateMiss Wakoli : for accused (present)Okwaro/Wilkister : Court AssistantsRULING ON SENTENCE READ VIA MICROSOFT TEAMS IN OPEN COURT ON THE 20. 2.2023. R.E OUGOJUDGE