REPUBLIC V JACKTON KONGO SIMIYU [2013] KEHC 5308 (KLR)

REPUBLIC OF KENYA

High Court at Kakamega

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REPUBLIC ……..…………………………………………… PROSECUTOR

V E R S U S

JACKTON KONGO SIMIYU ..………………….....…..…………. ACCUSED

S E N T E N C E

The accused person was convicted of the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The punishment for murder under our laws is death sentence. I am alive to the decision of the Court of Appeal that outlawed the death sentence for being inhuman and degrading.

The deceased herein was the accused’s step brother. The death was brutal and uncalled for. The accused has been in remand since 2005. Counsel for the accused opted not to mitigate and left the court to pass sentence. Taking the circumstances of the case, I do sentence the accused to serve Twenty (20) years imprisonment.

Delivered, dated and signed at Kakamega this 7th day of February, 2013.

SAID J. CHITEMBWE

J U D G E