Republic v Jeska Osimbo Irene [2014] KEHC 4915 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

Criminal Case No. 18 Of 2009

Republic ………………………………………. Prosecutor

V E R S U S

Jeska Osimbo Irene ……………….……………. 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.  Counsel for the accused in mitigation submitted that the accused is 23 years old and she is remorseful.  The accused pleads for leniency.

Under section 204 of the Penal Code, the punishment for murder is the death sentence.  Section 204 is worded in mandatory terms and the word “shall” is used.  However, latest trends in the judiciary have not been to sentence those found guilty of murder to suffer death.  No one has suffered death for quite some-time.  Given the circumstances of the case, I sentence the accused Twenty (20) years imprisonment.

DATED AT KAKAMEGA THIS 28TH DAY OF MAY 2014

SAID J. CHITEMBWE

J U D G E