Republic v Lekarato [2022] KEHC 15640 (KLR)

Republic v Lekarato (Criminal Case 11 of 2018) [2022] KEHC 15640 (KLR) (24 November 2022) (Ruling)

Neutral citation: [2022] KEHC 15640 (KLR)

Republic of Kenya

In the High Court at Nyahururu

Criminal Case 11 of 2018

CM Kariuki, J

November 24, 2022

Between

Republic

Prosecutor

and

Lkiteku Lekarato

Accused

Ruling

1. The accused, Lkiteku Lekarato, on December 22, 2017 at Lersirikan Sub-location Ndoto Location in Samburu County, murdered Lobuyu Lengewa.

2. He pleaded not guilty, and the matter was heard in full and was found guilty and convicted of murder, and the matter is for sentencing.

3. The prosecution had no previous record of the accused. Thus, court was asked to treat the accused as a first offender.

4. In mitigation, the defense counsel told the court that the accused is a first offender; he is repentant and remorseful. He has been in custody for four years. Thus, prayed for lenience.

5. The evidence on record is displaying the accused person as a character who had no value for human life. He, without any provocation, killed a 6-year-old boy who was running away from him.

6. He has not even tendered any reason why he killed the victim in the circumstance. Thus, the court finds the accused deserves a sentence befitting the beastly act he committed. Thus, the court makes the orders.i.The accused is sentenced to serve 30 years imprisonment with effect from January 5, 2018. ii.Right of appeal explained.

DATED, SIGNED, AND DELIVERED AT NYAHURURU ON THIS 24 TH DAY OF NOVEMBER 2022 .……………………………… ..CHARLES KARIUKIJUDGE