Republic v Gati alias Mutechu [2024] KEHC 14928 (KLR)

Republic v Gati alias Mutechu (Criminal Case E011 of 2021) [2024] KEHC 14928 (KLR) (7 November 2024) (Sentence)

Neutral citation: [2024] KEHC 14928 (KLR)

Republic of Kenya

In the High Court at Migori

Criminal Case E011 of 2021

A. Ong’injo, J

November 7, 2024

Between

Republic

Prosecutor

and

James Nyakerari Gati Alias Mutechu

Accused

Sentence

1. The Accused herein James Nyakerari Gati alias Mutechu was convicted for the offence of murder contrary to Section 203 as read with Section 204 of the penal code.

2. The particulars are that the accused on 26th day of July 2021 at Taragai village, Kuria East Sub – County within Migori County murdered Lucas Mahenye Chacha.

3. Upon conviction the court called for a pre – sentence Report dated 16. 10. 2024 was filed on even date. This court has considered the circumstances of the offence; the mitigation by the accused person and the unfavourable pre-senetnce report and find that the accused deserve to be punished for the heinous crime committed where the sacrosant life of the deceased was lost prematurely.

4. The punishment commensurate with the offence committed is 20 years jail term to take effect from 13th August 2021. Right of Appeal 14 days is explained.

DELIVERED DATED AND ASSIGNED AT MIGORI THIS 7THDAY OF NOVEMBER, 2024. A. ONGI’NJOJUDGEIn the presence of:Victor / Lola – Court AssistantsMs. Ikol – Prosecuting CounselMr. Omwenga Advocate for AccusedAccused present in personMr. Omwenga AdvocateI pray for certified copy of JudgmentOrders:* Mr. Omwenga Advocate discharged from acting / Representing the convict. Copies of Judgment and proceedings (certified) to be supplied to the defence counsel (Accused) and Respondent counsel.