https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/13022
The court found that the offence of murder, the serious injuries inflicted, and the unfavourable presentence report made a non-custodial sentence inappropriate; the proper sentence was 20 years' imprisonment with credit for the period spent in remand.
Source-derived case information.
- Citation
- [2026] KEHC 13022 (KLR)
- Parties
- Prosecution: Republic; Accused: Caleb Masila Wekesa
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E016 of 2023
- Procedural Posture
- Criminal Case; Sentencing After Conviction for Murder / Ruling on Sentence
- Outcome
- Convicted person sentenced to imprisonment
- Judges
- ["REA Ougo"]
- Legal Topics
- Murder, Mitigation, Presentence Report, Non Custodial Sentence, Credit for Time Spent in Remand
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Caleb Masila Wekesa
Accused
Procedural Posture
Criminal Case; Sentencing After Conviction for Murder / Ruling on Sentence
Legal Issues
- 1 What sentence was appropriate for the convicted offender for the offence of murder
- 2 Whether a non-custodial sentence was warranted
- 3 Whether time spent in remand should be taken into account
Ratio Decidendi
The court found that the offence of murder, the serious injuries inflicted, and the unfavourable presentence report made a non-custodial sentence inappropriate; the proper sentence was 20 years' imprisonment with credit for the period spent in remand.
Court Disposition
Convicted person sentenced to imprisonment
Orders
- The accused is sentenced to twenty (20) years' imprisonment.
- The time spent in remand shall be taken into account in accordance with section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CRIMINAL CASE NO. E016 OF 2023** **REPUBLIC…………………………………………………PROSECUTION** **-V/S-** **CALEB MASILA WEKESA……………………………………..ACCUSED** **RULING ON SENTENCE** 1. Caleb Masila Wekesa was convicted of the offence of Murder by this court on 9 July 2026. I sought a pre-sentence report before sentencing. 2. The presentence report dated 23/7/2026 is unfavourable. The accused is 36 years old. It is reported that he does not take responsibility for his actions and alleges that he was framed, yet he pleads for leniency. 3. The deceased's family is still in pain; he was the sole provider, and the family has faced difficulties since his death. 4. The accused has weak community ties, and the community remains hostile, with residents still baying for his blood. 5. Miss Kamora, for the accused, stated in mitigation that the accused acknowledged the gravity of the offence and expressed deep remorse, and that he should be given a chance to reunite with his family, who are willing to support him. He seeks a non-custodial sentence. He is a first offender. 6. Murder is a serious offence. I have considered the sentencing guidelines. The accused inflicted very serious injuries on the deceased, which caused his death. A non-custodial sentence is inappropriate. I therefore sentence the accused to twenty (20) years' imprisonment. The time he has spent in remand will be taken into account in accordance with section 333(2) of the Criminal Procedure Code. **Dated, signed and delivered virtually this 19th day of August 2026.** **R.E.OUGO** **JUDGE** **In the presence of:** **Caleb Masika Wekesa/ Accused** **Miss Matere for the State** **Miss Komora for accused/ Absent** **Fredrick/ Minah - C/A**