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JudgmentThe Republic VS DENNIS KYALO KISUMO2 min read

The Republic VS DENNIS KYALO KISUMO

High Court at Makueni High Court · · George. Dulu


SENTENCE RULING

  1. The accused person herein stands convicted of two counts of murder contrary to section 203 as read with 204 of the Penal Code.  The victims are a mother and a young daughter, who are survived by Alex Muoki Kimuyu the husband and father.
  2. On conviction, the court ordered that a pre-sentence report be filed, and same was filed signed on 30th April 2024 by Rosemary Mwalewa a Probation Officer Makueni.
  3. When the case was mentioned virtually on 15th May 2024 for mitigation the accused person herein stated that he did not intend to commit murder, and that he had 2 children and asked this court to give him a chance to take care of his children.
  4. On his part, the learned Assistant Director of Public Prosecutions Mr. Tanui submitted that he had seen the pre-sentence report, and left it to the court to determine the appropriate sentence.
  5. Having considered the facts and circumstances of this case, I note that the accused person killed two female persons who were completely defenceless.  He has asked for a chance to be released to take care of his two children.  The pre-sentence report proposes probation sentence  and the Assistant Director of Public Prosecutions has left the determination of sentence to the discretion of the court.
  6. I am of the view that probation sentence is not appropriate, as each of the two offences of murder for which the accused person has been convicted, attracts a mandatory death sentence.
  7. The accused person will however escape the death sentence because of the recent judicial reasoning in Kenya on mandatory death sentences for murder cases, as explained in the case of Muruatetu =Versus= Attorney General (2015) eKLR a decision of the Supreme Court in which the Supreme Court stated that courts may impose lesser sentences for murder.
  8. Having considered all the above disclosed factors, and the fact that the accused person has been in custody since August 2020 a period of almost four (4) years now, which I have taken into account, I sentence the accused person to 16 years imprisonment on each of the two counts of murder.  The sentences will run concurrently, thus a total of 16 years imprisonment.
  9. Right of appeal, 14 days explained.

Dated, signed and delivered this 29th day of May 2024 virtually at Voi virtually.

In the presence of:-

Alfred/Trizah – Court Assistants

Mr. Tanui for State

Accused present in person

    The Republic VS DENNIS KYALO KISUMO The Republic VS DENNIS KYALO KISUMO