Republic v PAO [2024] KEHC 11413 (KLR) | Sentencing Principles | Esheria

Republic v PAO [2024] KEHC 11413 (KLR)

Full Case Text

Republic v PAO (Criminal Case 53 of 2017) [2024] KEHC 11413 (KLR) (20 September 2024) (Sentence)

Neutral citation: [2024] KEHC 11413 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 53 of 2017

MN Mwangi, J

September 20, 2024

Between

Republic

Prosecutor

and

PAO

Accused

Sentence

1. I have considered the mitigation proffered by the accused person. She has said that she is remorseful for the offence she committed. She prays for a non-custodial sentence, and if that is not possible, she prays for a lenient custodial sentence.

2. The pre-sentence report shows that the accused person has been receiving treatment for HIV when in prison remand. That she has 2 children who are being taken care of by their grandfather. Her father is said to be an elderly man and also sickly.

3. In sentencing of an offender, the Court is required to not only take the interest of the accused person into consideration, but also take into account that the deceased died because of the actions of the accused person.

4. I have noted that the accused person has been unwell and may benefit from better treatment available in public hospitals if she is given a non-custodial sentence.

5. The accused person has been in prison remand for 6 years and 9 months. I regard that as being part of her custodial sentence already served.

6. In addition to the 6 years and 9 months that she has been in remand, the accused person will serve probation for 2 years. She will report to the Mombasa County Probation Office upon being released from prison so that she can be referred to the Probation Office in Siaya County.

7. If the accused person commits any offence for the 2 years she will be on probation, the order for a non-custodial sentence will stand vacated and she will serve a custodial sentence for the remainder of her sentence.

DATED, SIGNED and DELIVERED AT NAIROBI ON THIS 20TH DAY OF SEPTEMBER, 2024. SENTENCE DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.NJOKI MWANGIJUDGEIn the presence of:The accused personMr. Ngaine for the accused personMs V. Ongeti h/b for Ms Nyawinda - Prosecution Counsel for the DPPMs B. Wokabi – Court Assistant.