REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL CASE NO. E022 OF 2023 ( MURDER)
REPUBLIC……………………..…………………….……..PROSECUTOR
VERSUS
PETER MASIKA WEKESA
ALIAS DENNIS KUNDU ALIAS DENNO……..............….ACCUSED
RULING ON SENTENCE
Peter Masika Wekesa, alias Dennis Kundu, alias Denno ( Peter ), has been convicted of the murder of Stephen Wafula Kalibo. According to the Prosecution, Peter is a first offender. He has been in custody since 29 th June 2023.
According to the pre-sentence report, the offender is 41 years old and comes from a polygamous family. He was married and has two children. It is reported that the offender exhibits a pro-criminal attitude characterised by persistent denial, minimisation of responsibility, and a lack of remorse, indicating poor accountability and limited insight into the impact of his actions. He respects the court’s judgment and prays for leniency, citing the time he has already spent in custody.
The victim was an orphan and a father of three children. His death caused both deep emotional grief and considerable economic hardship. The offender’s family is uncooperative and refused to participate in the customary kulpia kichwa process, resulting in a strained relationship between the two families. They seek justice on behalf of their late son.
The offender received a generally positive appraisal from members of the community and attributed the offence to political rivalry. The report recommends that the court give an appropriate sentence.
Counsel for the accused stated in mitigation that the accused is remorseful and seeks a non-custodial sentence. He has a family and is a first offender.
I have considered all the above, including the sentence prescribed by law for the offence of murder and the policy guidelines on sentencing. The accused stabbed a young man who had not provoked him. A young life was lost, a young family has been deprived of their parent, and they are facing hardships. In my view, the accused deserves a custodial sentence. I therefore sentence the accused, Peter Masika Wekesa, also known as Dennis Kundu alias Deno, to serve a term of twenty (20) years' imprisonment. The period he has spent in remand from 29.6.2023 will be taken into account in accordance with the provisions of Section 333 (2) of the Criminal Procedure Code.
Dated, signed and delivered at Bungoma this 23 rd day of July 2025.
R.E.OUGO
JUDGE
In the presence of:
Peter Masika Wekesa/ Accused
Miss Matere - State Counsel/ODDP
Mr. Wattangah - For the Accused person.
Wilkister - C/A.
IN THE HIGH COURT OF KENYA AT BUNGOMA
CRIMINAL CASE NO. E022 OF 2023 ( MURDER)
REPUBLIC……………………..…………………….……..PROSECUTOR
VERSUS
PETER MASIKA WEKESA
ALIAS DENNIS KUNDU ALIAS DENNO……..............….ACCUSED
RULING ON SENTENCE
Peter Masika Wekesa, alias Dennis Kundu, alias Denno ( Peter ), has been convicted of the murder of Stephen Wafula Kalibo. According to the Prosecution, Peter is a first offender. He has been in custody since 29 th June 2023.
According to the pre-sentence report, the offender is 41 years old and comes from a polygamous family. He was married and has two children. It is reported that the offender exhibits a pro-criminal attitude characterised by persistent denial, minimisation of responsibility, and a lack of remorse, indicating poor accountability and limited insight into the impact of his actions. He respects the court’s judgment and prays for leniency, citing the time he has already spent in custody.
The victim was an orphan and a father of three children. His death caused both deep emotional grief and considerable economic hardship. The offender’s family is uncooperative and refused to participate in the customary kulpia kichwa process, resulting in a strained relationship between the two families. They seek justice on behalf of their late son.
The offender received a generally positive appraisal from members of the community and attributed the offence to political rivalry. The report recommends that the court give an appropriate sentence.
Counsel for the accused stated in mitigation that the accused is remorseful and seeks a non-custodial sentence. He has a family and is a first offender.
I have considered all the above, including the sentence prescribed by law for the offence of murder and the policy guidelines on sentencing. The accused stabbed a young man who had not provoked him. A young life was lost, a young family has been deprived of their parent, and they are facing hardships. In my view, the accused deserves a custodial sentence. I therefore sentence the accused, Peter Masika Wekesa, also known as Dennis Kundu alias Deno, to serve a term of twenty (20) years' imprisonment. The period he has spent in remand from 29.6.2023 will be taken into account in accordance with the provisions of Section 333 (2) of the Criminal Procedure Code.
Dated, signed and delivered at Bungoma this 23 rd day of July 2025.
R.E.OUGO
JUDGE
In the presence of:
Peter Masika Wekesa/ Accused
Miss Matere - State Counsel/ODDP
Mr. Wattangah - For the Accused person.
Wilkister - C/A.