Republic v Amuyauwa [2023] KEHC 23920 (KLR) | Sentencing Principles | Esheria

Republic v Amuyauwa [2023] KEHC 23920 (KLR)

Full Case Text

Republic v Amuyauwa (Criminal Case 57 of 2014) [2023] KEHC 23920 (KLR) (13 October 2023) (Sentence)

Neutral citation: [2023] KEHC 23920 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case 57 of 2014

PJO Otieno, J

October 13, 2023

Between

Republic

Prosecution

and

Doris Iminza Amuyauwa

Accused

Sentence

1. The Court has given due regard to the mitigation offered by Counsel for the Accused and the address by the Prosecutor disclosing that she is a first offender but stressing the seriousness of the offence and need for custodial sentence to serve the purpose of deterrence and supervised rehabilitation.

2. The Court has equally taken into account the pre-sentence report which disclose that the Accused has moved from the locality of the crime, the victim’s family have moved on by performing customary rights while the Accused has strong social support system to rely upon. All considered, including the age of the Accused and the period the matter has taken in Court, part of which the Accused was in custody, the Court sentences the Accused to serve a jail term of five (5) years computed from the date of the conviction, 10. 3.2023.

3. Upon discharge from Prison, and before she departs, she shall execute a cognizance in the sum of Kshs. 100,000/= to be of good conduct and keep peace for a period of one (1) year computed from the date she leaves Prison.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 13TH DAY OF OCTOBER, 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMs. Rauto for the AccusedCourt Assistant: Polycap