Republic v Folleni & another [2024] KEHC 187 (KLR)

Republic v Folleni & another (Criminal Case 02 of 2017) [2024] KEHC 187 (KLR) (16 January 2024) (Sentence)

Neutral citation: [2024] KEHC 187 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 02 of 2017

A. Ong’injo, J

January 16, 2024

Between

Republic

Prosecutor

and

George Folleni

1st Accused

Francis Charo Folleni

2nd Accused

Sentence

1. George Folleni and Francis Charo Kalama were charged with the offence of murder. The murder was committed on July 21, 2012 and whereas other suspects were apprehended and charged in CR. Case No. 4 of 2012 the accused commits herein were at large until on January 1, 2017 when they re-surfaced and were arrested. They were therefore incarcerated since the date of their arrest todate.

2. I have considered the respective pre-sentence report and the victim impact statement as well as the sentence passed in High Court CR. Case No. 40 of 2012 and attendant appeals in Court of Appeal CR. A. Nos. 3, 4, 5, 6, 7, 9 and 10 of 2016 as well as the accused person’s mitigation and find that just punishment that will act as deterrence and rehabilitate the accused persons for the heinous crime they committed is 20 years imprisonment.

3. The sentence to take effect from January 18, 2017 when they were arraigned in court.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 16TH DAY OF JANUARY 2024. HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Accused 1 – Present in personAccused 2 – Present in personMr. Ngiri for StateMs. Odhiang Advocate for Accused 1 - No appearanceMr. Oduor Advocate for Accused 2 - No appearanceORDERSentence at 11. 00am. Registry to call the advocates.HON. LADY JUSTICE A. ONG’INJOJUDGERuling on sentencing delivered, dated and signed in Open Court.HON. LADY JUSTICE A. ONG’INJO J