[2023] KEHC 17612 (KLR)
The court considered the accused's status as a first offender, his remorse, positive pre-sentence report, and the nearly ten years spent in custody. The court found that a custodial sentence would not serve the interests of justice in this case, given the prospects for rehabilitation and reconciliation with the...
Source-derived case information.
- Citation
- [2023] KEHC 17612 (KLR)
- Parties
- Applicant: Republic; Defendant: Chengo Charo Salim
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 57 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused placed on probation for three years.
- Judges
- DO Chepkwony
- Legal Topics
- Murder, Sentencing, Mitigation, Probation, Custodial Sentence, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chengo Charo Salim
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of murder contrary to Section 203 as read with Section 204 of the Penal Code.
- 2 Whether the period spent in custody and the accused's mitigation should influence the sentence imposed.
Ratio Decidendi
The court considered the accused's status as a first offender, his remorse, positive pre-sentence report, and the nearly ten years spent in custody. The court found that a custodial sentence would not serve the interests of justice in this case, given the prospects for rehabilitation and reconciliation with the family and community. The court determined that a probationary sentence would best achieve the objectives of retribution, rehabilitation, and restoration, and thus placed the accused on probation for three years, with the State retaining the right to appeal the sentence.
Court Disposition
Accused placed on probation for three years.
Orders
- The accused person is placed on probation for a period of three years.
- The State has a right to appeal on the sentence.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Salim (Criminal Case 57 of 2012) [2023] KEHC 17612 (KLR) (10 May 2023) (Sentence)
Neutral citation: [2023] KEHC 17612 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 57 of 2012
DO Chepkwony, J
May 10, 2023
Between
Republic
Prosecutor
and
Chengo Charo Salim
Accused
Sentence
1. The accused person, Chengo Charo Salim is charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code, whereby he was tried, found guilty and convicted for the murder of Chengo Dhurio Jomo.
2. For determination at this stage is the sentence to be imposed upon the accused hence the matter was referred to the Probation Officer for a social inquiry to be conducted and a pre-sentence report filed in respect of the accused person, social economic status and relationship in the community.
3. From the evidence that was adduced in court, which is confirmed by the report and findings in the pre-sentence report, the accused is a son-in-law to the deceased herein, having been married to the daughter. It has also been confirmed that the deceased died after a disagreement between him and the accused over failure by the accused to pay dowry for his wife as expected by culture in a traditional marriage.
4. In mitigation and confirmed by the records and pre-sentence report, the accused has pleaded for leniency on the ground that he is a first offender, remorseful and has been reformed during his stay in custody.
5. This Court has thus considered the accused persons record, plea in mitigation, the positive report and recommendation by the Probation Officer in the pre-sentence report alongside an appreciation of the period he has been in custody since his arrest almost ten (10) years ago. The court is of the view that a sentence that achieves retribution, rehabilitation, reconciliation with family and community members as well as psychosocial therapy would be appropriate. Therefore, the accused person is placed on Probation for a period of three (3) years. The State has a right to appeal on the sentence.
6It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 10TH DAY OF MAY 2023. D.O CHEPKWONYJUDGEIn the presence of:M/S Valerie counsel for the StateM/S Musyoki counsel for the accused personCourt Assistant – Mwenda/Hamisi