Republic v Ambet [2024] KEHC 15242 (KLR)

Republic v Ambet (Criminal Case 3 of 2019) [2024] KEHC 15242 (KLR) (27 November 2024) (Sentence)

Neutral citation: [2024] KEHC 15242 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Case 3 of 2019

RE Aburili, J

November 27, 2024

Between

Republic

Prosecutor

and

Mickey Ochieng Ambet

Accused

Sentence

1. The accused person Mickey Ochieng Ambet has been found Guilty of the offence of murder contrary to Section 203 of the Penal Code. He has been convicted. He has mitigated. He is a first offender, married with children and is the bread winner for his family and the extended family. He is remorseful and prays for leniency of the court.

2. I have considered the circumstances of the offence as committed and the mitigations. I have also considered the principles that guide sentencing and the purposes and objects of sentencing.

3. The deceased lost his life in very unfortunate circumstances and through the cruel hand of the accused. The deceased too had a family that loved him.

4. In the circumstances of this case, justice can only be served if a custodial sentence is imposed.

5. I hereby apply the principles of sentencing espoused in Francis Muruatetu & another v Republic [2017]e KLR case and sentence the accused person to serve Twenty-Five (25) years imprisonment.

6. The period he has been in custody upon arrest and later after the prosecution case was closed shall be taken into account.

7. Right of Appeal is 14 days explained to the Court of Appeal.

8. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 27THDAY OF NOVEMBER, 2024R. E. ABURILIJUDGE