[2023] KEHC 25119 (KLR)
The court found that the accused, Melton Martin Wesonga, did not physically inflict the injuries that led to the deceased's death; rather, it was his son and brother-in-law who were responsible, and they remain at large. The accused was present as a bystander during the incident. Taking into account his advanced age...
Source-derived case information.
- Citation
- [2023] KEHC 25119 (KLR)
- Parties
- Applicant: Republic; Defendant: Melton Martin Wesonga
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 30 of 2018
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused placed on probation for three years; non-custodial sentence imposed.
- Judges
- A. Ong’injo
- Legal Topics
- Sentencing, Probation Orders, Mitigation, Homicide Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Melton Martin Wesonga
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence given the circumstances of the offence.
- 2 Whether the accused's role as a bystander and his advanced age mitigate his culpability.
Ratio Decidendi
The court found that the accused, Melton Martin Wesonga, did not physically inflict the injuries that led to the deceased's death; rather, it was his son and brother-in-law who were responsible, and they remain at large. The accused was present as a bystander during the incident. Taking into account his advanced age (72 years), the lack of direct involvement in the assault, and the recommendations of the Victim Impact Statement and Pre-Sentence Report, the court determined that a custodial sentence would be inappropriate. Instead, the accused was found suitable for a non-custodial sentence and was placed on probation for three years.
Court Disposition
Accused placed on probation for three years; non-custodial sentence imposed.
Orders
- The accused is placed on probation for three years.
- Right of appeal within 14 days explained.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Wesonga (Criminal Case 30 of 2018) [2023] KEHC 25119 (KLR) (2 November 2023) (Sentence)
Neutral citation: [2023] KEHC 25119 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 30 of 2018
A. Ong’injo, J
November 2, 2023
Between
Republic
Prosecutor
and
Melton Martin Wesonga
Accused
Sentence
1. This Court has considered the Victim Impact Statement and the Pre-Sentence Report and the accused person’s mitigation and find that it is his son Victor and his brother in-law who physically inflicted injuries that led to the death of the deceased. It is indicated in the reports that the real perpetrators are still at large and have not been arrested and prosecuted.
2. The accused was arraigned in court on June 20, 2018 and released on bond on July 27, 2018. In consideration of his advanced age at 72 years and in consideration that he was a stander-by when his son & brother-in-law beat the deceased for invading his wife’s residence while he was drunk this court finds that he should benefit from non-custodial sentence. Accused is placed on probation for 3 years.
3. Right of Appeal – 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 02nd DAY OF NOVEMBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE