[2024] KEHC 11410 (KLR)
Given the aggravated and brutal manner in which the deceased was murdered, a severe custodial sentence is warranted to reflect both the gravity of the offence and the need for retribution. However, the court must also consider the accused's status as a first offender and the significant period already spent in...
Source-derived case information.
- Citation
- [2024] KEHC 11410 (KLR)
- Parties
- Applicant: Republic; Defendant: Munyika Mwakalela Nyamawi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2016
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to 30 years imprisonment, with the period of 8 years and 2 months already served in remand to be commuted from the sentence.
- Judges
- MN Mwangi
- Legal Topics
- Sentencing Guidelines, Mitigation, Rehabilitation of Offenders, Retribution, Murder, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Munyika Mwakalela Nyamawi
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder in light of the aggravating circumstances and period spent in remand custody.
- 2 How should the period already served in remand be considered in sentencing under Section 333(2) of the Criminal Procedure Code.
Ratio Decidendi
Given the aggravated and brutal manner in which the deceased was murdered, a severe custodial sentence is warranted to reflect both the gravity of the offence and the need for retribution. However, the court must also consider the accused's status as a first offender and the significant period already spent in remand custody. In accordance with Section 333(2) of the Criminal Procedure Code, the period of 8 years and 2 months already served by the accused in remand shall be deducted from the total sentence imposed. The court therefore sentences the accused to 30 years imprisonment, less the period already served, balancing the objectives of punishment, deterrence, and the possibility of...
Court Disposition
Accused sentenced to 30 years imprisonment, with the period of 8 years and 2 months already served in remand to be commuted from the sentence.
Orders
- The accused is sentenced to 30 years imprisonment.
- The period of 8 years and 2 months spent in custody shall be commuted from the sentence in accordance with Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Nyamawi (Criminal Case 19 of 2016) [2024] KEHC 11410 (KLR) (20 September 2024) (Sentence)
Neutral citation: [2024] KEHC 11410 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 19 of 2016
MN Mwangi, J
September 20, 2024
Between
Republic
Prosecutor
and
Munyika Mwakalela Nyamawi
Accused
Sentence
1. I have considered the pre-sentence report and noted that the Probation Officer did not have access to the Court file as the said file is in my custody due to the proceedings that have been ongoing. The police file was however not available in the DPP’s office
2. I have taken note of the mitigation made on behalf of the accused person to the effect that he is rehabilitated. He prays for a lenient sentence.
3. The Judiciary Sentencing Policy Guidelines provide for rehabilitation of an offender so that he can reform and make a better fit in the society. The said Policy however, also recommends retribution so that when an offender is punished he is able to introspect and see that they erred in their ways and change for the better.
4. In this case, the deceased was literally butchered as noted from the observation made by this Court in its judgement. The injuries inflicted on the deceased were severe, extensive and unwarranted. Due to the aggravated manner in which the deceased person was murdered, the sentence to be meted out to the accused person must be severe.
5. I note that the accused person is a first offender and that he has been in prison remand since 27th June, 2016. That is a period of 8 years and 2 months.
6. Due to the grisly murder of the deceased in the hands of the accused person and others not in Court, I sentence the accused person to serve sentence for a period of 30 years imprisonment. The period he has been in custody for 8 years and 2 months shall be commuted from his sentence in line with the provision of Section 333(2) of the Criminal Procedure Code.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF SEPTEMBER, 2024. SENTENCE DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.NJOKI MWANGIJUDGEIn the presence of:The accused personMs Musyoki for the accused personMs Nyawinda - Prosecution Counsel for the DPPMs B. Wokabi – Court Assistant.