[2020] KEHC 1646 (KLR)
The court found that the accused, though convicted of murder, had no prior criminal record, had spent three years in custody, and that both his family and the deceased's family had reconciled and performed traditional rites. The pre-sentencing report was favourable, and there was no animosity or threat to the...
Source-derived case information.
- Citation
- [2020] KEHC 1646 (KLR)
- Parties
- Applicant: Republic; Defendant: Ndolo Nzyuko
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 126 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused placed on probation for three years
- Legal Topics
- Murder, Sentencing, Probation, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ndolo Nzyuko
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to imprisonment or probation for the offence of murder.
- 2 Whether the circumstances and mitigation justify a non-custodial sentence.
Ratio Decidendi
The court found that the accused, though convicted of murder, had no prior criminal record, had spent three years in custody, and that both his family and the deceased's family had reconciled and performed traditional rites. The pre-sentencing report was favourable, and there was no animosity or threat to the accused. Given these circumstances and the recommendation for probation, the court determined that a non-custodial sentence was appropriate. The accused was therefore placed on probation for three years under the supervision of the Makueni county probation officer, with conditions explained to him.
Court Disposition
accused placed on probation for three years
Orders
- The accused is placed on probation for three years under the supervision of the Makueni county probation officer.
- The conditions of probation are explained to the accused.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 126 OF 2017
REPUBLIC......................................................... PROSECUTION
-VERSUS-
NDOLO NZYUKO.......................................................ACCUSED
RULING ON SENTENCE
1. Ndolo Nzyukowas charged and convicted of murder contrary to section 203 as read with section 204 of the Penal Code. The victim was a lover of his “wife” and mother to his children.
2. After mitigation this court called for a pre-sentencing report which was filed on 22nd September 2020.
3. The report is favourable to the accused who is noted as not having any criminal past. The local administration and the family speak well of him.
4. The report also shows that the family of the accused and that of the deceased have sat down and undertaken some Akamba rites. There is no animosity between them.
5. The circumstances under which this offence was committed are clear to the court.
6. The accused has been in prison custody for three (3) years now. The accused is aged fifty (50) years old, and since the two families have made peace and there are no threats to accused’s life and as recommended, I find this to be a suitable case for probation.
7. Accused is hereby placed on probation for three (3) years. He will be under the supervision of the Makueni county probation officer.
8. The conditions to observe while under probation are explained to him.
Orders accordingly.
Delivered, signed & dated this 11th day of November 2020, in open court at Makueni.
........................
H. I. Ong’udi
Judge