Republic v Mwaigolo [2022] KEHC 11461 (KLR)

Republic v Mwaigolo (Criminal Case 7 of 2018) [2022] KEHC 11461 (KLR) (3 June 2022) (Sentence)

Neutral citation: [2022] KEHC 11461 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 7 of 2018

A. Ong’injo, J

June 3, 2022

Between

Republic

Prosecutor

and

Maxwell Mwaigolo

Accused

Sentence

1. This court has considered the Victim Impact Statement and noted that the primary and secondary victims have since healed from the effect of the murder and that the accused person’s relatives and the deceased person’s relatives currently have good relationship and ties existing between them.

2. They reported no grudge and enmity between them and they see no possibility of future conflicts. However the life which was lost was for a young 32 years old man with a bright future ahead of him which was cut short by the accused person for no apparent reason.

3. The accused person aged 46 years old as at September 21, 2020held a position of apparent to the deceased being he was older than him and married to his sister and therefore ought to have protected him contrary to what he did by snuffing out his life.

4. This court feels that accused persons action should be punished appropriately and he will serve 15 years imprisonment effective from date of his incarceration in custody i.e. 9/02/2018.

5. Right of Appeal 14 days explained.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 03RD DAY OF JUNE 2022HON. LADY JUSTICE A. ONG’INJOJUDGEOgwel - Court assistantMr. Wafula Advocate for accusedMr. Ngiri for stateAccused – present in personHON. LADY JUSTICE A. ONG’INJO03/06/2022