Republic v JKL [2023] KEHC 1333 (KLR)

Republic v JKL (Criminal Case E040 of 2021) [2023] KEHC 1333 (KLR) (16 February 2023) (Sentence)

Neutral citation: [2023] KEHC 1333 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E040 of 2021

AN Ongeri, J

February 16, 2023

Between

Republic

Prosecutor

and

JKL

Respondent

Sentence

1. The Accused Person JKL was convicted with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. In mitigation, counsel for the Accused Person said the Accused Person was 15 ½ years old at the time of commission of the offence and he was a student at [Particulars Withheld] Secondary School.

3. It was further said in mitigation that the Accused Person is remorseful for the offence he committed and further that the family of the deceased and the family of the Accused Person have commenced the process of reconciliation.

4. The Probation Officer filed a pre-sentence Report detailing the social circumstances of the offence.

5. The Report states that the Accused Person’s father was charged with killing his mother and the case is ongoing. The Accused Person was staying with his Aunt who was married to the deceased’s father at the material time.

6. I find that the Accused Person is suitable for a non-custodial sentence taking into account the circumstances of this case.

7. The Accused Person is placed on probation for a period of 3 years on condition that he complied with the requirements of the probation officer.

8. During that period, the probation officer to organize for Counseling sessions.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 16TH DAY OF FEBRUARY, 2023. A. N. ONGERIJUDGE