Republic v Juma [2023] KEHC 25604 (KLR)

Republic v Juma (Criminal Case 30 of 2018) [2023] KEHC 25604 (KLR) (20 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25604 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Case 30 of 2018

RE Aburili, J

November 20, 2023

Between

Republic

Prosecutor

and

Polycap Juma Juma

Accused

Sentence

1. The accused person herein Polycarp Juma Juma has been found guilty of the the offence of murder and convicted accordingly. This court has considered the circumstanced under which the offence herein was committed by the accused person, the mitigations and the fact that the accused is a first offender who has a young family to fend for. The deceased lost his life under the hand of the accused who was a ruthless bouncer. Life is sacrosanct. Live and let live. The accused person did not think about the consequences of his actions.

2. I have considered the objects and purposes of sentencing and the fact that sentencing is in the discretion of the trial court as stipulated in the Francis Karioko Muruatetu & Another v Republic [2017] eKLR as pronounced by the Supreme Court. This is despite section 204 of the Penal Code providing for mandatory death sentence.

3. Accordingly, I exercise discretion and sentence the accused person Polycap Juma Juma to serve thirty (30) years imprisonment for the murder of Tirus Omondi Ongocho.

4. Right of appeal is fourteen (14) days of today is guaranteed and explained to the accused person in the presence of his counsel.

5. I so order.

6. File closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 20TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE