[2024] KEHC 1948 (KLR)
The court found that, despite the absence of a Victim Impact Statement due to the inability to trace the deceased's relatives, it was still obligated to pass sentence. The court considered the mitigation offered by the accused but determined that the gravity of the offence of murder required a sentence that mirrors...
Source-derived case information.
- Citation
- [2024] KEHC 1948 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Johnson Museveni
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2020
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Sentencing, Mitigation, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Johnson Museveni
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced for the offence of murder in the absence of a Victim Impact Statement.
- 2 What is the appropriate sentence for the offence of murder under the Penal Code given the circumstances of the case.
Ratio Decidendi
The court found that, despite the absence of a Victim Impact Statement due to the inability to trace the deceased's relatives, it was still obligated to pass sentence. The court considered the mitigation offered by the accused but determined that the gravity of the offence of murder required a sentence that mirrors its seriousness. Accordingly, the court sentenced the accused to 25 years imprisonment, with the sentence to run from the date the accused was first brought to court, 28th May 2020.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 25 years imprisonment for the offence of murder.
- The sentence shall take effect from 28th May 2020, the date the accused was brought to court.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Museveni (Criminal Case 11 of 2020) [2024] KEHC 1948 (KLR) (28 February 2024) (Sentence)
Neutral citation: [2024] KEHC 1948 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 11 of 2020
A. Ong’injo, J
February 28, 2024
Between
Republic
Prosecutor
and
Paul Johnson Museveni
Accused
Sentence
1. The accused Paul John Museveni was charged and convicted for the offence of murder contrary to Section 203 as read with Section 204 of the penal code. This court called for Victim Impact Statement but Ms. Nyonga the Probation Officer was not successful in tracing the relatives of the deceased to get their view before the court could pass sentence.
2. The Victim Impact Statement not being available this court is however obligated to come up with a decision as to punishment.
3. This court has considered the accused persons mitigation and weighing the same to the facts of the case herein this court is of the view that the decision of the court must mirror the seriousness of the offence that the accused committed.
4. For that reason, this court sentences the accused to serve 25 years jail term. The sentence to take effect from 28th May 2020 when accused was brought to court.Right of Appeal 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS THIS 28TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia - Court AssistantMr. Ngiri for the StateAccused present in personMr. Magolo Jared Advocate hold brief for Magolo Paul Advocate for AccusedHON. LADY JUSTICE A. ONG’INJOJUDGE