[2024] KEHC 11413 (KLR)
The court considered the accused's remorse, health status, family responsibilities, and the lengthy period of 6 years and 9 months spent in remand. The judge determined that this period should count as part of the custodial sentence already served. Given the accused's ongoing medical needs and the potential for...
Source-derived case information.
- Citation
- [2024] KEHC 11413 (KLR)
- Parties
- Applicant: Republic; Defendant: PAO
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- partly custodial, partly non-custodial sentence imposed; probation ordered
- Judges
- MN Mwangi
- Legal Topics
- Sentencing Principles, Mitigation, Remand Period Credit, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
PAO
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is entitled to a non-custodial or lenient custodial sentence given her circumstances.
- 2 Whether the period spent in remand should be considered as part of the sentence.
- 3 What conditions should attach to any non-custodial sentence imposed.
Ratio Decidendi
The court considered the accused's remorse, health status, family responsibilities, and the lengthy period of 6 years and 9 months spent in remand. The judge determined that this period should count as part of the custodial sentence already served. Given the accused's ongoing medical needs and the potential for better treatment outside prison, the court found it appropriate to impose a non-custodial sentence in the form of probation for 2 years. The court further ordered that the accused report to the probation office and warned that any offence committed during probation would result in revocation of the non-custodial sentence and imposition of a custodial sentence for the remainder. The...
Court Disposition
partly custodial, partly non-custodial sentence imposed; probation ordered
Orders
- The period of 6 years and 9 months spent in remand is deemed served as part of the custodial sentence.
- The accused shall serve probation for 2 years upon release, reporting to the Mombasa County Probation Office for referral to Siaya County.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v PAO (Criminal Case 53 of 2017) [2024] KEHC 11413 (KLR) (20 September 2024) (Sentence)
Neutral citation: [2024] KEHC 11413 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 53 of 2017
MN Mwangi, J
September 20, 2024
Between
Republic
Prosecutor
and
PAO
Accused
Sentence
1. I have considered the mitigation proffered by the accused person. She has said that she is remorseful for the offence she committed. She prays for a non-custodial sentence, and if that is not possible, she prays for a lenient custodial sentence.
2. The pre-sentence report shows that the accused person has been receiving treatment for HIV when in prison remand. That she has 2 children who are being taken care of by their grandfather. Her father is said to be an elderly man and also sickly.
3. In sentencing of an offender, the Court is required to not only take the interest of the accused person into consideration, but also take into account that the deceased died because of the actions of the accused person.
4. I have noted that the accused person has been unwell and may benefit from better treatment available in public hospitals if she is given a non-custodial sentence.
5. The accused person has been in prison remand for 6 years and 9 months. I regard that as being part of her custodial sentence already served.
6. In addition to the 6 years and 9 months that she has been in remand, the accused person will serve probation for 2 years. She will report to the Mombasa County Probation Office upon being released from prison so that she can be referred to the Probation Office in Siaya County.
7. If the accused person commits any offence for the 2 years she will be on probation, the order for a non-custodial sentence will stand vacated and she will serve a custodial sentence for the remainder of her sentence.
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 personMr. Ngaine for the accused personMs V. Ongeti h/b for Ms Nyawinda - Prosecution Counsel for the DPPMs B. Wokabi – Court Assistant.