[2023] KEHC 3369 (KLR)
The court considered the accused's admission of guilt, his mitigation including remorse and alcoholism, the favourable pre-sentencing report, and the fact that he is a first offender. The court also took into account the period already spent in custody. On this basis, the court found that a custodial sentence of...
Source-derived case information.
- Citation
- [2023] KEHC 3369 (KLR)
- Parties
- Applicant: Republic; Defendant: Nicholas Kipkurui Terer
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2020
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to seven years imprisonment from 2nd April 2020
- Judges
- HK Chemitei
- Legal Topics
- Sentencing, Mitigation, Alcohol Abuse, First Offender
- 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
Nicholas Kipkurui Terer
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be granted leniency in sentencing due to mitigation and personal circumstances.
- 2 What is the appropriate sentence for the accused who admitted the charge and is a first offender.
Ratio Decidendi
The court considered the accused's admission of guilt, his mitigation including remorse and alcoholism, the favourable pre-sentencing report, and the fact that he is a first offender. The court also took into account the period already spent in custody. On this basis, the court found that a custodial sentence of seven years imprisonment, commencing from the date of first remand (2nd April 2020), was appropriate and proportionate to the circumstances of the offence and the offender.
Court Disposition
accused sentenced to seven years imprisonment from 2nd April 2020
Orders
- The accused is sentenced to serve seven (7) years imprisonment from 2nd April, 2020.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Terer (Criminal Case 15 of 2020) [2023] KEHC 3369 (KLR) (24 April 2023) (Ruling)
Neutral citation: [2023] KEHC 3369 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 15 of 2020
HK Chemitei, J
April 24, 2023
Between
Republic
Prosecutor
and
Nicholas Kipkurui Terer
Accused
Ruling
1. The Accused admitted the charge. In his mitigation, he prayed for leniency and blamed alcoholism as the reason for committing the offence. He said that he was remorseful.
2. The Court directed that a pre-sentencing report be prepared which was done and it is on record dated 28/11/2022.
3. The report is favourable to the Accused. It is apparent that the family suffers from alcohol abuses. The deceased as well as the accused father engaged themselves in the taking of alcohol.
4. Taking into consideration the above facts, the remorse and the fact that the Accused was a first offender and the period he had spent in custody, the Accused is hereby sentenced to served seven (7) years imprisonment from 2nd April, 2020. Orders accordingly.
DATED, SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 24TH DAY OF APRIL, 2023H.K. CHEMITEIJUDGE