Case ID:165710

Republic v DKP [2020] eKLR

Case Metadata

Case Number:

Criminal Case 16 of 2015

Parties:

Republic v DKP

Date Delivered:

28 Oct 2020

Case Class:

Criminal

Court:

High Court at Garissa

Case Action:

Sentence

Judge(s):

Charles Mutungi Kariuki

Citation:

Republic v DKP [2020] eKLR

Court Division:

Criminal

County:

Garissa

Case Outcome:

Accused sentenced to serve 10 yrs imprisonment

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT GARISSA

CRIMINAL CASE NO. 16 OF 2015

REPUBLIC..............PROSECUTION

VERSUS

DKP....................................ACCUSED

SENTENCING

1.

The accused was convicted of the offence of murder on 18/11/2019 but the sentence has been delayed as he has been undergoing treatment in the hospital.

2.

According to the probation report dated 28/11/2019 he is suffering from spinal tuberculosis (potts decease) thus rendered him immobile and depends on others for movement.

3.

The advocate for his defence has in mitigation relied on the probation report and especially on the health aspect of accused’s conditions.

4.

He has been in custody since 27/7/2015 or thereabout thus been in custody for over 5 years. His defence alluded to the fact that the stabbing was occasioned by fight between accused and the deceased as accused was stopping theft.

5.

It is noted that he had a previous case of preparation to commit a felony CRC No. 15 of 2013 in which he was convicted but was acquitted in appeal. Secondly, he has a pending CRC No. 796 of 2016 for escape from lawful custody which is still pending.

6.

He still denies that he occasioned death of the deceased and also that he displays no remorse or repentance.

7.

Thus, he cannot benefit from a non-custodial sentence in the circumstances. However, since he has been in custody for 5 yrs and is yet to finalise aforesaid escape from lawful custody case, the court makes the following orders: -

(i)

He is sentenced to serve 10 yrs imprisonment to run from 27/7/2015 thus he will serve 5 more years.

(ii)

He will be taken back to lower court in Garissa for trial in CRC No. 796 of 2016.

(iii)

Orders accordingly.

DATED, DELIVERED AND SIGNED AT GARISSA THIS 28

TH

DAY OF OCTOBER, 2020.

..........................

C. KARIUKI

JUDGE