Republic v Echom [2023] KEHC 18254 (KLR)

Republic v Echom (Criminal Case 3 of 2020) [2023] KEHC 18254 (KLR) (31 May 2023) (Sentence)

Neutral citation: [2023] KEHC 18254 (KLR)

Republic of Kenya

In the High Court at Lodwar

Criminal Case 3 of 2020

JK Sergon, J

May 31, 2023

Between

Republic

Prosecutor

and

Ngawosa Tede Echom

Accused

Sentence

1. Ngawosa Tede Echom was convicted for the offence of murder contrary to section 203 as read with section 204 of the Penal Code.

2. This court called upon the county probation officer to file a pre-sentence report. Miss Maryanne Kariuki, learned advocate for the Accused filed written submissions on mitigation. The county probation officer, Turkana County file a pre-sentence report.

3. I have considered the accused’s mitigating factors. It is stated by Miss Kariuki, that the accused who is aged 49 years is remorseful and has apologized to the deceased’s family. The learned advocate urged this court to be lenient to the accused person.

4. In the pre-sentence report it is indicated that the accused person is the only remaining member of his immediate family of 7 siblings. It is also stated that the deceased was the accused’s father. The accused’s age is indicated to be 35 years while the accused’s advocate puts the Accused’s age at 45 years.

5. The probation officer interviewed the local administration who stated that the disputes which involves family members should be resolved using family dispute resolution structures. The probation officer did not reach out to the victim’s family. The local leadership was not averse to the accused being released to the community on non-custodial sentence.

6. Having considered the material placed before this court and having considered the mitigating factors and the pre-sentence report I am convinced that a short custodial sentence will suffice.

7. I have also taken into account the period the accused served in remand while waiting for trial. I hereby sentence the accused to serve 10 years imprisonment.

DATES, SIGNED AND DELIVERED VIRTUALLY THIS 31STDAY OF MAY 2023. J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor - KakoiAccused – Present in Prison