[2024] KEHC 10548 (KLR)
The court found that while the accused was a first offender and expressed remorse, the circumstances of the offence—motivated by self-preservation in the context of an illegal business—demonstrated a self-centered disregard for human life. The court rejected the divergent community views reflected in the social...
Source-derived case information.
- Citation
- [2024] KEHC 10548 (KLR)
- Parties
- Applicant: Republic; Defendant: David Malika Tabu
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 20 years imprisonment for murder
- Judges
- SC Chirchir
- Legal Topics
- Murder, Sentencing Principles, Mitigation, Self Defence, First Offender, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
David Malika Tabu
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused's mitigation as a first offender and claims of remorse warrant a lenient sentence.
- 2 Whether the accused's claim of self-defence and the circumstances of the offence affect the sentence to be imposed.
- 3 What is the appropriate sentence for the offence of murder in the circumstances of this case.
Ratio Decidendi
The court found that while the accused was a first offender and expressed remorse, the circumstances of the offence—motivated by self-preservation in the context of an illegal business—demonstrated a self-centered disregard for human life. The court rejected the divergent community views reflected in the social inquiry and focused on the need for deterrence and the opportunity for the accused to reflect and reform. Consequently, the court determined that a custodial sentence of 20 years was appropriate, commencing from the date of conviction, to serve both punitive and rehabilitative purposes.
Court Disposition
accused sentenced to 20 years imprisonment for murder
Orders
- The accused is sentenced to 20 years in prison, effective from the date of conviction.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Tabu (Criminal Case 18 of 2020) [2024] KEHC 10548 (KLR) (26 August 2024) (Sentence)
Neutral citation: [2024] KEHC 10548 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 18 of 2020
SC Chirchir, J
August 26, 2024
Between
Republic
Prosecution
and
David Malika Tabu
Accused
Sentence
1. The Accused therein was convicted of Murder on 30/5/2024.
2. In Mitigation, his Advocate told the court that the Accused is a first offender; that he is a young man and has a family to take care of. He insist that he acted in self defence. He further submits that he is remorseful and regrets his offence. He prays for leniency.
3. The social inquiry done at the request of the court indicated that the Accused’s parents home was burnt by fellow villagers following the murder incident, it is apparent that burning of a suspects house is the local community’s way of expressing disapproval of the crime of murder and an avenue of excommunicating the offender from the community. At the time of the social inquiry the Accused’s family had gone and settled somewhere in Siaya County.
4. The social inquiry accounts reflect divergent observation by the two communities, and therefore I have not considered these views for purposes of this ruling.
5. However, being a first offender and remorse are mitigating factors. The circumstances of the offence as per the witnesses’ accounts show that the Accused’s actions were motivated by acts of self-preservation. He considered his business of selling illicit brews was under threats by the acts of the deceased. As pointed out by the prosecution, the business was illegal in any event. It was an act of self-centeredness and exaltation of economic survival, at the expense of human life. It is a twisted view of life which must be deterred
6. . It is also necessary that the Accused spends a term in prison which term will afford him a time for retrospection and hopefully, a paradigm shift in his values.
7. In view of all the aforegoing, I hereby sentence the accused to 20 years in prison. The sentence will take effect from the date of his conviction.
8. Right of Appeal- 14 days.
DATED, SIGNED AND DELIVERED AT NAIROBI , VIA MICROSOFT TEAMS ,THIS 26TH DAY OF AUGUST, 2024. S. CHIRCHIRJUDGEIn the presence of :Godwin – Court Assistant.The Accused.