[2020] KEHC 1653 (KLR)
The court, having considered the circumstances of the case, the mitigation advanced by the accused, his age, lack of criminal history, the pre-sentencing report, and the period already spent in remand custody, determined that a custodial sentence of four and a half years was appropriate. The sentence was structured...
Source-derived case information.
- Citation
- [2020] KEHC 1653 (KLR)
- Parties
- Respondent: Republic; Defendant: Thomas Muli Kioko
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Legal Topics
- Murder, Sentencing, Mitigation, Probation, Remand Period
- 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
Respondent
Thomas Muli Kioko
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to life imprisonment or a lesser sentence for the offence of murder.
- 2 Whether the period spent in remand custody should be considered in sentencing.
- 3 Whether the accused's age and lack of criminal history should mitigate the sentence.
Ratio Decidendi
The court, having considered the circumstances of the case, the mitigation advanced by the accused, his age, lack of criminal history, the pre-sentencing report, and the period already spent in remand custody, determined that a custodial sentence of four and a half years was appropriate. The sentence was structured to include one and a half years in prison and three years on probation, balancing the seriousness of the offence with the mitigating factors. The court exercised its discretion in line with the Supreme Court's guidance in Muruatetu, departing from the mandatory death penalty and imposing a sentence proportionate to the circumstances.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to four and a half (4 ½) years imprisonment: the first 1 ½ years to be served in prison, the next three (3) years on probation.
- Conditions of probation explained to the accused.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 08 OF 2017
FORMERLY MACHAKOS HCCRC NO. 19 OF 2015
REPUBLIC..........................................................PROSECUTION
VERSUS
THOMAS MULI KIOKO...........................................ACCUSED
RULING ON SENTENCE
Thomas Muli Kiokothe accused herein was charged and convicted of murder contrary to section 203 as read with section 204 of the Penal Code. The deceased was his 2nd wife. The pre-sentencing report confirms that the deceased’s family is still very bitter with the accused. Accused has been in prison custody since 11th March 2015, which is five (5) years and seven (7) months.
The accused was born in 1957 and is now aged 63 years old.
The report shows he has no criminal history. He has learnt a few things here and there while in prison.
I have considered all the circumstances of this case, the mitigation, age of accused, pre-sentencing report, and the period the accused has been in remand custody.
Accused is sentenced to four and half (4 ½) years imprisonment which will be served as follows:
a) The first 1 ½ years in prison.
b) The next three (3) years on probation.
Conditions explained.
Orders accordingly.
Delivered, signed & dated this 11th day of November 2020, in open court at Makueni.
……………………………….
H. I. Ong’udi
Judge