Republic v Mukolwe [2023] KEHC 25096 (KLR)

Republic v Mukolwe (Criminal Case 43 of 2015) [2023] KEHC 25096 (KLR) (7 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25096 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case 43 of 2015

PJO Otieno, J

November 7, 2023

Between

Republic

Prosecutor

and

Stephen Mwambua Mukolwe

Accused

Sentence

1. The court has given due regard to the address by he counsel on mitigation before sentence, taken into account the pre-sentence report which however is not binding upon the court but, helps capture the considerations outside the record of evidence. It has equally appreciated the age of the accused to be forty-three (43) years as of today, that the victim was indeed his young and vulnerable child under his care and protection and abhors the fact that be chose the identity of a predator rather than a protector.

2. All that when contexualised with the objects of sentencing as a tool in the administration of criminal justice calls for both retributive and deterrent penalty with the hope that the accused will find time to rethink his ways, including his arrogant character while under influence of alcohol and substance abuse, take the time to be weaned of substance abuse, get a chance to take up a livelihood skill provided by the Department of Correctional Service and turn out a productive and responsible citizen. He in fact needs to be removed from society for the sake of his father who has received the brunt of his arrogance when drunk.

3. He is sentenced to serve an imprisonment term of twenty (20) years effective the date of his conviction being the 13. 10. 2023 when his bond was cancelled.

DATED, SIGNED AND DELIVERED AT KAKAMEGA, THIS 7TH DAY OF NOVEMBER 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Nandwa for the Accused personCourt Assistant: Polycap Mukabwa