[2024] KEHC 6049 (KLR)
The court found that although the accused was a first offender, acted without premeditation, and expressed remorse, the aggravating circumstances—specifically, the loss of an innocent life and the resulting hardship to the deceased's young family—outweighed the mitigating factors. The court was not persuaded that a...
Source-derived case information.
- Citation
- [2024] KEHC 6049 (KLR)
- Parties
- Respondent: State; Defendant: Lovis Owino Andika
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E006 of 2023
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to twenty years imprisonment
- Judges
- DO Ogembo
- Legal Topics
- Sentencing Principles, Mitigation, Aggravating Circumstances, Self Defence, Manslaughter, Remorse and Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
Lovis Owino Andika
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused's mitigation and lack of premeditation warrant a non-custodial sentence.
- 2 Whether the aggravating circumstances outweigh the mitigating factors in sentencing the accused.
- 3 Whether the accused acted in self-defence.
Ratio Decidendi
The court found that although the accused was a first offender, acted without premeditation, and expressed remorse, the aggravating circumstances—specifically, the loss of an innocent life and the resulting hardship to the deceased's young family—outweighed the mitigating factors. The court was not persuaded that a non-custodial sentence was appropriate given the gravity of the offence and the opposition from the victim's family. Accordingly, the accused was sentenced to twenty years imprisonment, with the sentence to run from the date of first arraignment.
Court Disposition
accused sentenced to twenty years imprisonment
Orders
- The accused is sentenced to serve twenty years imprisonment.
- The sentence shall run from 13/3/2023, the date the accused was first arraigned before the court.
Full Case Text
Judgment text and source record
20 paragraphs
State v Andika (Criminal Case E006 of 2023) [2024] KEHC 6049 (KLR) (23 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6049 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E006 of 2023
DO Ogembo, J
May 23, 2024
Between
State
Prosecution
and
Lovis Owino Andika
Accused
Ruling
1. I have considered the mitigation of the accused, basically that the accused is a first offender with no prior criminal record. That the accused and the deceased were friends and that he acted in self defence with the deceased throwing the first punch. That he is remorseful and with a family he supports. He pleaded for leniency.
2. This court has also considered the presentence report prepared and filed herein by the probation officer, stressing the fact that the accused did not predneditate the act.
3. An innocent soul was lost through the action of the accused. Deceased was breadwinner of his young family who have suffered tremendous loss as a result of the demise of the deceased. Hence the opposition by the spouse of the deceased towards any place work of the accused to a non-custodial sentence.
4. Considering the circumstances in this case, the mitigation made by the accused and the pre bail report filed herein, I am convinced that the aggravating circumstances of this case outweigh the mitigation of the accused, and that the accused deserves a custodial sentence.
5. In the circumstances, I sentence the accused to serve twenty years imprisonment. Since the accused has been remanded in custody during his trial, this sentence shall run from 13/3/2023, the date the accused was first arraigned before the court. Right of appeal explained to the accused.
DATED, SIGNED AND DELIVERED THIS 23RD DAY OF MAY, 2024. D.O. OGEMBOJUDGE23/5/2023CourtRead in open court in presence of the accused, Ms. Ndeda for the accused and Ms. Kerubo for the State.D.O. OGEMBOJUDGE23/5/2024