[2024] KEHC 5023 (KLR)
The court found that, on humanitarian grounds, it was appropriate to defer pronouncement of sentence to allow the convict to receive specialized medical treatment for his serious ailments. The court directed that the convict be escorted by the prison service to the Aga Khan Hospital, Kisumu, for treatment, with the...
Source-derived case information.
- Citation
- [2024] KEHC 5023 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeremiah Ochuada Musumba
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E007 of 2022
- Procedural Posture
- Criminal Case / Sentencing (ruling on Medical Treatment Prior to Sentence)
- Outcome
- Sentencing deferred; convict to receive medical treatment at own cost prior to sentencing.
- Judges
- WM Musyoka
- Legal Topics
- Sentencing Procedure, Mitigation of Sentence, Medical Treatment of Accused
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jeremiah Ochuada Musumba
Defendant
Procedural Posture
Criminal Case / Sentencing (ruling on Medical Treatment Prior to Sentence)
Legal Issues
- 1 Whether the court should defer sentencing to allow the convict to receive medical treatment.
- 2 Whether the convict should be permitted to access specialized medical care at his own cost prior to sentencing.
Ratio Decidendi
The court found that, on humanitarian grounds, it was appropriate to defer pronouncement of sentence to allow the convict to receive specialized medical treatment for his serious ailments. The court directed that the convict be escorted by the prison service to the Aga Khan Hospital, Kisumu, for treatment, with the cost of such treatment to be borne personally by the convict. The absence of opposition from the prosecution was taken as acquiescence. The court exercised its discretion to prioritize the convict's right to health and humane treatment, consistent with the principles of fairness and justice in sentencing proceedings.
Court Disposition
Sentencing deferred; convict to receive medical treatment at own cost prior to sentencing.
Orders
- The prison service shall escort the convict to the Aga Khan Hospital, Kisumu, for treatment.
- Any such treatment at that facility shall be at the convict’s own personal cost.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Musumba (Criminal Case E007 of 2022) [2024] KEHC 5023 (KLR) (17 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5023 (KLR)
Republic of Kenya
In the High Court at Busia
Criminal Case E007 of 2022
WM Musyoka, J
May 17, 2024
Between
Republic
Prosecution
and
Jeremiah Ochuada Musumba
Accused
Ruling
1. This matter is due for sentencing. On 7th May 2024, the parties addressed me extensively on mitigation of sentence, after the pre-bail report was availed. Medical records were placed on record, to demonstrate that the convict had serious medical challenges, and I was invited, at the tail end of the sentencing hearing, to consider allowing him to be treated or attended to at the Spine and Speciality Hospital, Nairobi, or at the Aga Khan Hospital, Kisumu, before I pronounce the sentence on him.
2. The prosecution did not express itself on that request, and I shall presume that it was not opposed.
3. On humanitarian grounds, I shall not pronounce sentence at this stage, so as to allow the convict to be attended to or treated of his current ailments. I direct that the prison service shall escort the convict to the Aga Khan Hospital, at Kisumu, for treatment. As the cost of that treatment is specialised, it may be way beyond what the prison authorities can accommodate, within their budget lines, therefore, I direct that any such treatment, at that facility. shall be at the convict’s own personal cost.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT BUSIA ON THIS 17TH DAY OF MAY 2024WM MUSYOKAJUDGEMr. Arthur Etyang, Court Assistant.Mr. Austine Adewa, Probation Officer.AdvocatesMs. Chepkonga, instructed by the Director of Public Prosecutions, for the State.Mr. Onsongo and Mr. Ipapu, instructed by Obwoge Onsongo & Company and Ipapu P Jackah & Company , Advocates for the accused person.