[2022] KEHC 11461 (KLR)
The court considered the seriousness of the offence—murder of a young man by a relative who owed him a duty of protection. Despite the reconciliation between the families and the healing reported in the victim impact statement, the court found that the accused's actions warranted a custodial sentence to reflect the...
Source-derived case information.
- Citation
- [2022] KEHC 11461 (KLR)
- Parties
- Applicant: Republic; Defendant: Maxwell Mwaigolo
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 15 years imprisonment for murder
- Judges
- A. Ong’injo
- Legal Topics
- Murder Sentencing, Victim Impact Statement, Mitigation, Relationship Between Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Maxwell Mwaigolo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder given the circumstances of the case.
- 2 How should the victim impact statement and the relationship between the families influence sentencing.
Ratio Decidendi
The court considered the seriousness of the offence—murder of a young man by a relative who owed him a duty of protection. Despite the reconciliation between the families and the healing reported in the victim impact statement, the court found that the accused's actions warranted a custodial sentence to reflect the loss of life and the need for deterrence. The court imposed a sentence of 15 years imprisonment, effective from the date of the accused's incarceration, balancing the mitigating factors with the gravity of the crime.
Court Disposition
accused sentenced to 15 years imprisonment for murder
Orders
- The accused shall serve 15 years imprisonment effective from 9/02/2018.
- Right of appeal within 14 days explained to the accused.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Mwaigolo (Criminal Case 7 of 2018) [2022] KEHC 11461 (KLR) (3 June 2022) (Sentence)
Neutral citation: [2022] KEHC 11461 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 7 of 2018
A. Ong’injo, J
June 3, 2022
Between
Republic
Prosecutor
and
Maxwell Mwaigolo
Accused
Sentence
1. This court has considered the Victim Impact Statement and noted that the primary and secondary victims have since healed from the effect of the murder and that the accused person’s relatives and the deceased person’s relatives currently have good relationship and ties existing between them.
2. They reported no grudge and enmity between them and they see no possibility of future conflicts. However the life which was lost was for a young 32 years old man with a bright future ahead of him which was cut short by the accused person for no apparent reason.
3. The accused person aged 46 years old as at September 21, 2020held a position of apparent to the deceased being he was older than him and married to his sister and therefore ought to have protected him contrary to what he did by snuffing out his life.
4. This court feels that accused persons action should be punished appropriately and he will serve 15 years imprisonment effective from date of his incarceration in custody i.e. 9/02/2018.
5. Right of Appeal 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 03RD DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEOgwel - Court assistantMr. Wafula Advocate for accusedMr. Ngiri for stateAccused – present in personHON. LADY JUSTICE A. ONG’INJO03/06/2022