Republic v Kisanga & 2 others [2023] KEHC 24101 (KLR)

Republic v Kisanga & 2 others (Criminal Case 02 of 2022) [2023] KEHC 24101 (KLR) (23 October 2023) (Sentence)

Neutral citation: [2023] KEHC 24101 (KLR)

Republic of Kenya

In the High Court at Vihiga

Criminal Case 02 of 2022

PJO Otieno, J

October 23, 2023

Between

Republic

Prosecution

and

Hellen Kavaya Kisanga

1st Accused

Edmond Kizili Kedogo

2nd Accused

Jotham Chasima Zare

3rd Accused

Sentence

1. Pursuant to the orders of 26. 6.2023, the Court received three pre-sentence reports lodged by the Probation Department, then proceeded to take mitigation from the Counsel for the Accused as well as the Prosecutor.

2. I have given due regard to the reports, the address by Counsel and the disclosed circumstances and ages of the three convicts. I have equally reckoned with the Sentencing Guidelines in place as of today.

3. In the course of their address the court posed to the parties the question regarding the propriety or otherwise of compensation to the victim’s family in this matter. The Counsel for the Accused supported same as compensatory sentence while the Prosecutor cited to court paragraph 2. 6 of the Sentencing Guidelines 2023 and submitted that the same deems compensation as unsuitable in murder cases.

4. Taking into account all factors and the objects of sentencing in administration of criminal justice, and while the Pre-sentence report is not equivocal that the three are remorseful, I take the reports to be an expert opinions which do not bind in the Court. Instead, I take the Submissions by Counsel to represent the position of the Accused that they regret the incident.

5. The court thus sentences each of the Accused persons to serve eight (8) years imprisonment. The terms take into account the period each has served in custody since cancellation of the bonds. That period served in custody has been discounted to come up with the period of sentence.

6. At the termination of the jail term and before being discharged, each shall execute a cognizance to keep peace and be of good conduct for a further period of one (1) years from the date the term terminates.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 23RD DAY OF OCTOBER 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:-Ms. Chala for the ProsecutionMs. Mburu for the 1st and 3rd Accused personsCourt Assistant: Polycap