Republic v Chigumba alias Chigumba Foyo & 2 others [2023] KEHC 24623 (KLR)

Republic v Chigumba alias Chigumba Foyo & 2 others (Criminal Case 6 of 2019) [2023] KEHC 24623 (KLR) (17 October 2023) (Sentence)

Neutral citation: [2023] KEHC 24623 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 6 of 2019

A. Ong’injo, J

October 17, 2023

Between

Republic

Prosecutor

and

Chakaya Nicholas Chigumba alias Chigumba Foyo

1st Accused

Kapote Janga alias Wasi Kapote

2nd Accused

Nyale Lugo alias Hamisi alias Chibogo

3rd Accused

Sentence

1. The accused persons Chakaya Nicholas Chigumba alias Chigumba Foyo, Kapate and Nyale Lungo alias Hamisi alias Chibogo were found guilty of the offence of Murder under Section 203 as read with Section 204 of the Penal Code in Judgement delivered on 2nd August 2023.

2. This Court called for Victim Impact Statement which is dated 20/09/2023. The Victim Impact report indicates that the Secondary Victims have never recovered from the traumatic psychological effect of the murder of their husband, father and sole bread winner of the nuclear family. They also reported that they have continued to receive threat from people they think are allies of the accused persons and they made report at Taru Police Station on 6/09/2019 vide OB No. 10. The victims therefore seek the court to apply a punitive & detergent measure.

3. Having considered the mitigation by the accused person’s advocates and the Victim Impact Statement this court finds that the offence committed by the accused persons calls for not only a deterrent sentence but also a punishment proportional to the offence committed.

4. The innocent and sacrosanct life of the deceased was cut short for no apparent reason. The accused person’s infringed the constitutional right of the deceased to life and exposed his dependents to emotional & psychological trauma as well as economic hardship.

5. This court finds that a jail sentence of 25 years would suffice. They will therefore serve 25 years Imprisonment. Right of Appeal – 14 days from 13/03/2019.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 17TH DAY OF OCTOBER, 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE