Republic v Makokha [2024] KEHC 7167 (KLR) | Sentencing Principles | Esheria

Republic v Makokha [2024] KEHC 7167 (KLR)

Full Case Text

Republic v Makokha (Criminal Case E115 of 2021) [2024] KEHC 7167 (KLR) (31 May 2024) (Sentence)

Neutral citation: [2024] KEHC 7167 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case E115 of 2021

PJO Otieno, J

May 31, 2024

Between

Republic

Prosecutor

and

Amos Nabwire Makokha

Accused

Sentence

1. The court has given due regard and weight to the circumstances under which the offence was committed together with the Pre-sentence report filed. The court has before it an offender who is cruel and violent arising from abuse of substances and thus portends danger and risk to his immediate family and community. In his own words he says not even his mother or father have visited him in prison.

2. He is apparently unwelcomed back to the community and his security if released on non-custodial sentence cannot be guaranteed. He deserves institutionalized correction and rehabilitation.

3. He is sentenced to serve an imprisonment term of twenty (20) years from the 15/4/2021. Of that term, the last three (3) years will be served on probation under the supervision of the County Director of Probation, Kakamega.

4. He has a right of appeal to be exercised within fourteen (14) days from today.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 31ST DAY OF MAY, 2024. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Mageria for the ProsecutionMr. Mbetera for the AccusedCourt Assistant: Polycap