' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KILGORIS
CRIMINAL CASE NO. E004 OF 2022
REPUBLIC................................................................................................PROSECUTOR
VS.
HARUN LETEIPA KARANDE ALIAS PAYANI......................................................................................................ACCUSED
SENTENCE
The Accused was convicted of murder under Section 203 as read with Section 204 of the Penal Code Cap 63 L.O.K in that on 13.03.2022 at Osupuko Location Transmara West Sub- County Narok County murdered Andrew Lemaiyan Karioki.The Prosecution has stated that they do not have previous record thus Accused be treated as a first offender.
On mitigation his counsel submitted that accused is a first offender, has been in custody for 3 years and 6 months before conviction. He is a family man with children and wife. He is said to be repentant and remorseful.The PCR report indicates that Accused is 25 years old married with one child.The report indicates that the victim’s family and local community oppose non-custodial sentence as there are tensions and Accused security cannot be guaranteed. The report also recommends a non-custodial sentence.
The court notes that the victim suffered a lot of pain due to brutal knife stabs from the Accused. Accused also was subjected to mob justice due to the brutal way he killed the victim.
In Kenyan criminal sentencing, courts consider factors like the nature and seriousness of the offence, the culpability of the offender, the need for public protection and deterrence, the offender''s youth, mental health, and past record, the presence of aggravating or mitigating factors, and the potential for rehabilitation, all guided by judicial discretion and the Judiciary Sentencing Policy Guidelines.
Factors to Consider
Nature and Seriousness of the Offence: Judges assess the type of crime committed and how severe it was, which influences the sentencing decision. Offender''s Culpability: The degree to which the offender was blameworthy or responsible for their actions in the commission of the offence is a key consideration. Protection of the Public and Deterrence:
Sentences are often imposed to protect society from dangerous offenders and to deter others from committing similar crimes.
Aggravating Factors: Circumstances that make the offence more serious, such as a significant criminal history, are considered in favour of a harsher sentence.
Mitigating Factors: Factors that may lessen the seriousness of the offence or the offender''s culpability are taken into account. These can include:
Youth, mental illness, or impaired mental functioning. A minor role in the offence. Evidence of remorse or a spontaneous, rather than premeditated, crime. Minimal harm or damage caused. Gender-based violence contributing to the offence.
Rehabilitation Opportunities: The potential for the offender to be rehabilitated and become a law-abiding citizen is a crucial factor. Victim Impact : The impact of the offence on the victim is an important consideration in the sentencing process.
Proportionality: The principle that the sentence should be proportionate to the seriousness of the offence.
Guided by Principles
Judicial Discretion: While sentencing is a matter of judicial discretion, it must be exercised judicially and guided by evidence and sound legal principles, not arbitrarily.
Sentencing must adhere to Kenyan domestic law, such as the Probation of Offenders Act and the Community Service Orders Act, and also consider international law and recognised sentencing standards
The court has to express outrage by way of sentence to show murder is an abominable and should be abhorred and deterrence sentence is thus deserving for accused to be a lesson to other people with similar motive of terminating and decimating other people’s life.The court having considered all factors , circumstances including mitigating factors stated by his Advocate,
I find the accused deserves a deterrent custodial sentence and therefore sentence him to twenty (20)years imprisonment.
Right of Appeal explained.
DATED AND DELIVERED VIA MICROSOFT TEAMS AT KILGORIS THIS 2 ND DAY OF OCTOBER 2025.
HON. CHARLES KARIUKI
JUDGE
IN THE PRESENCE OF
CA – JERUSHA
'
IN THE HIGH COURT OF KENYA AT KILGORIS
CRIMINAL CASE NO. E004 OF 2022
REPUBLIC................................................................................................PROSECUTOR
VS.
HARUN LETEIPA KARANDE ALIAS PAYANI......................................................................................................ACCUSED
SENTENCE
The Accused was convicted of murder under Section 203 as read with Section 204 of the Penal Code Cap 63 L.O.K in that on 13.03.2022 at Osupuko Location Transmara West Sub- County Narok County murdered Andrew Lemaiyan Karioki.The Prosecution has stated that they do not have previous record thus Accused be treated as a first offender.
On mitigation his counsel submitted that accused is a first offender, has been in custody for 3 years and 6 months before conviction. He is a family man with children and wife. He is said to be repentant and remorseful.The PCR report indicates that Accused is 25 years old married with one child.The report indicates that the victim’s family and local community oppose non-custodial sentence as there are tensions and Accused security cannot be guaranteed. The report also recommends a non-custodial sentence.
The court notes that the victim suffered a lot of pain due to brutal knife stabs from the Accused. Accused also was subjected to mob justice due to the brutal way he killed the victim.
In Kenyan criminal sentencing, courts consider factors like the nature and seriousness of the offence, the culpability of the offender, the need for public protection and deterrence, the offender''s youth, mental health, and past record, the presence of aggravating or mitigating factors, and the potential for rehabilitation, all guided by judicial discretion and the Judiciary Sentencing Policy Guidelines.
Factors to Consider
Nature and Seriousness of the Offence: Judges assess the type of crime committed and how severe it was, which influences the sentencing decision. Offender''s Culpability: The degree to which the offender was blameworthy or responsible for their actions in the commission of the offence is a key consideration. Protection of the Public and Deterrence:
Sentences are often imposed to protect society from dangerous offenders and to deter others from committing similar crimes.
Aggravating Factors: Circumstances that make the offence more serious, such as a significant criminal history, are considered in favour of a harsher sentence.
Mitigating Factors: Factors that may lessen the seriousness of the offence or the offender''s culpability are taken into account. These can include:
Youth, mental illness, or impaired mental functioning. A minor role in the offence. Evidence of remorse or a spontaneous, rather than premeditated, crime. Minimal harm or damage caused. Gender-based violence contributing to the offence.
Rehabilitation Opportunities: The potential for the offender to be rehabilitated and become a law-abiding citizen is a crucial factor. Victim Impact : The impact of the offence on the victim is an important consideration in the sentencing process.
Proportionality: The principle that the sentence should be proportionate to the seriousness of the offence.
Guided by Principles
Judicial Discretion: While sentencing is a matter of judicial discretion, it must be exercised judicially and guided by evidence and sound legal principles, not arbitrarily.
Sentencing must adhere to Kenyan domestic law, such as the Probation of Offenders Act and the Community Service Orders Act, and also consider international law and recognised sentencing standards
The court has to express outrage by way of sentence to show murder is an abominable and should be abhorred and deterrence sentence is thus deserving for accused to be a lesson to other people with similar motive of terminating and decimating other people’s life.The court having considered all factors , circumstances including mitigating factors stated by his Advocate,
I find the accused deserves a deterrent custodial sentence and therefore sentence him to twenty (20)years imprisonment.
Right of Appeal explained.
DATED AND DELIVERED VIA MICROSOFT TEAMS AT KILGORIS THIS 2 ND DAY OF OCTOBER 2025.
HON. CHARLES KARIUKI
JUDGE
IN THE PRESENCE OF
CA – JERUSHA
'