Republic v Sheik (Criminal Case E005 of 2021) [2024] KEHC 15323 (KLR) (4 December 2024) (Sentence)
Neutral citation:
[2024] KEHC 15323 (KLR)
Republic of Kenya
Criminal Case E005 of 2021
JN Onyiego, J
December 4, 2024
Between
Republic
Prosecutor
and
Rashid Noor Sheik
Accused
Sentence
1.Accused person was charged with the offence of murder contrary to Section 203 as read out with Section 204 of the penal code. Particulars states that on 6th day of June 2021 at Banane Kokar in liboi sub-county, he unlawfully murdered Mahat Noor Sheikh.
2.Having pleaded not guilty, the murder commenced hearing. However, the accused entered into a plea bargaining agreement to which he pleaded guilty to a lesser charge of manslaughter. The court then ordered for a pre-sentence report which did not recommend for a non-custodial sentence. The negative report basically stated that the accused’s family is against his release. The community does not want him. The report painted a completely negative report about the accused.
3.In his mitigation, he pleaded that he was sorry for what he did. He blamed his sickness for what happened.
4.It is trite that sentencing is at the discretion of the trial court. See Kipkoech Kogo - vs - R. Eldoret Criminal Appeal No.253 of 2003 where the Court of Appeal stated thus:-
5.Similar position was stated by the court of appeal in Bernard Kimani Gacheru vs. Republic [2002] eKLR where it was stated that:
6.It is however worth noting that in exercise of its discretion, a court is duty bound to take into consideration certain guiding principles interalia; the aggravating nature of the offence committed; the mitigating factors; pre-sentence report; previous criminal record of the accused; and victim impact assessment report. See judiciary sentencing policy guidelines clause 4.5 of 2023.
7.This court is pretty aware of the objectives of sentencing which are also captured in the judiciary sentencing policy guidelines clause 1.3.1 of 2023 as; retribution, deterrence, rehabilitation, restorative justice, community protection, denunciation, reconciliation and reintegration.
8.Having considered the circumstances under which the offence was committed, mitigation on record and pre-sentence report, and further considering the fact that he saved court’s time in pleading guilty, a deterrent sentence necessary. Accordingly, accused is sentenced to serve 10 years imprisonment.
ROA 14 days.
DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 4TH DAY OF DECEMBER 2024J. N. ONYIEGOJUDGE