[2021] KEHC 3376 (KLR)
The court considered both the aggravating and mitigating circumstances. The aggravating factors included the seriousness of the offence, the age of the deceased (a 10-year-old child), and the accused's lack of remorse and previous conviction as highlighted by the prosecution. The mitigating factors included the...
Source-derived case information.
- Citation
- [2021] KEHC 3376 (KLR)
- Parties
- Applicant: Republic; Defendant: Nicholas Muu Kiteng'e
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2018
- Procedural Posture
- Criminal Law / Sentencing Ruling
- Outcome
- accused sentenced to 25 years imprisonment
- Judges
- GMA Dulu
- Legal Topics
- Murder, Sentencing, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nicholas Muu Kiteng'e
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to life imprisonment or a lesser term for the offence of murder.
- 2 What mitigating and aggravating factors should influence the sentence imposed.
Ratio Decidendi
The court considered both the aggravating and mitigating circumstances. The aggravating factors included the seriousness of the offence, the age of the deceased (a 10-year-old child), and the accused's lack of remorse and previous conviction as highlighted by the prosecution. The mitigating factors included the accused's role as a breadwinner, his family responsibilities, and the period already spent in custody since 2018. Balancing these considerations, the court determined that a custodial sentence of twenty-five years imprisonment was appropriate, rather than life imprisonment, to reflect both the gravity of the offence and the mitigating circumstances presented.
Court Disposition
accused sentenced to 25 years imprisonment
Orders
- The accused is sentenced to serve twenty five (25) years imprisonment.
- Right of appeal explained to the accused.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC. NO.18 OF 2018
REPUBLIC................................................PROSECUTION
VERSUS
NICHOLAS MUU KITENG’E.........................ACCUSED
RULING ON SENTENCE
1. The accused person herein has been convicted of murder contrary to section 203 as read with section 204 of the Penal Code.
2. Before sentencing him, the court ordered the filing of a pre-sentence report, which was filed on 12/7/2021.
3. In mitigation, the defence counsel M/s Kemunto stated that the accused is remorseful for a life that is lost, that he is the bread winner with a wife and three children and that as the eldest in his family; he takes care of the other family members. The accused has also been in custody since arrest in 2018.
4. The Prosecution counsel Ms. Gitau on her part, stated that according to the pre-sentence report the accused person is not remorseful and had a previous conviction. Counsel emphasized that the deceased was a child of 10 years.
5. Having considered the circumstances of the matter and the mitigating factors, I sentence the accused to serve twenty five (25) years imprisonment.
Right of appeal explained.
DELIVERED, SIGNED & DATED THIS 7TH DAY OF OCTOBER 2021, IN OPEN COURT AT MAKUENI.
........................
George Dulu
Judge