Skip to content
JudgmentThe Republic VS Ali Mwinyi Rajab2 min read

The Republic VS Ali Mwinyi Rajab

High Court at Voi High Court · · George. Dulu


SENTENCE RULING

  1. The accused herein has been tried and convicted of murder contrary to Section 203 as read with Section 204 of the Penal Code, and the victim is Festus Machila.
  2. After conviction, this court called for a pre-sentence report, and victim impact report both of which were filed and signed by David Maina Gakuru the Probation Officer.
  3. On receipt of the two reports, learned Prosecuting Counsel Mr. Sirima relied on the two reports, as well as the Judiciary’s published sentencing guidelines and stated that there of aggravating circumstances herein that need consideration in sentencing.
  4. The Prosecuting Counsel in particular, emphasized that a weapon (machete) was used which completely severed the victim’s head, and that such act was grossly inhuman.
  5. The Prosecution Counsel thus urged this court to impose a custodial sentence of not less than 30 years imprisonment.
  6. On his part, learned defence counsel Mr. Mutinda submitted that the accused person was a first offender and is remorseful for the acts which led to the death.
  7. Defence counsel emphasized that the accused person was a young man with a future ahead of him and could be rehabilitated and contribute to economic development.
  8. Counsel thus urged that the accused person be spared of the death penalty to give him an opportunity to achieve his personal and family ambitions.  Counsel also relied on the Judiciary sentencing guidelines.
  9. I have perused and considered the victim impact report in which it is recorded that the two daughters of the deceased person, one who was in University at time of death and one just completed fourth form, had been greatly affected both emotionally and healthwise.
  10. The pre-sentence report also concludes that the accused person said after the killing – “nimemalizana na huyo kisirani,” indicating that the killing by beheading was well planned.
  11. I note also that the deceased was also actually housing the accused person as a relative and, all he did, was to remind him of a pending debt earlier in the day.
  12. Considering all the above factors, though I will spare him the death penalty since he is a young man, I am of the view that a long custodial sentence is called for.  An innocent life was lost, and excessive and unwarranted violence was used against an innocent and completely defenceless person.  This was clearly an aggravating factor as listed under Section 5.2.4 of the National Council on the Administration of Justice Sentencing Policy Guidelines 2023.
  13. I sentence the accused person to thirty (30) years imprisonment.  Right of appeal 14 days explained.

Dated, signed and delivered this 6th day of May, 2024 in open court at Voi.

In the presence of:-

Alfred – Court Assistant

Mr. Sirima for State

Mr. Mutinda for the accused

Accused

    The Republic VS Ali Mwinyi Rajab The Republic VS Ali Mwinyi Rajab