Republic v Julo & another (Criminal Case E006 of 2020) [2024] KEHC 1107 (KLR) (9 February 2024) (Sentence) Neutral citation: [2024] KEHC 1107 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE E006 OF 2020 ACA ONG’INJO, J FEBRUARY 9, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND KWEKWE MADZIKO JULO ................................................................ 1ST ACCUSED MWANGO JIMBALA NYAWA ............................................................. 2ND ACCUSED SENTENCE 1. The accused persons Kwekwe Madzikio Julo & Mwango Jimbale Nyawa were charged and convicted for ofience of murder. They were found to have murdered Madziko Julo Lele the father of A1 on 14th August 2020 at Banda village in Mbunguni Location. 2. This court called for a pre-sentence report. This court has considered the pre-sentence report in respect to A1 and hereby orders that the Children Officer Kwale County carries out social inquiry as to the welfare of the children and if possible open a file at the Children’s Court in Kwale for care and protection. 3. The 1st accused person was the brain behind the planning and murder of the deceased who from the report has been revealed to have been her Step-father. A1 used her son and the 2nd accused person herein by promising to pay them money and used them to eliminate the deceased. This is conduct that ruined the life of the 2 children who were still teenagers. This court finds that it is necessary to me to out punishment that mirrors the seriousness of the ofience and discourages other would be ofienders. 4. This court finds that 20 years’ jail term would be commensurate. The same is to commence from September 28, 2020. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1107/eng@2024-02-09 1
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Right of Appeal – 14 days. 5. A2 is hereby committed to Kamiti Youth Corrective Centre for 4 months. Upon completion of 4 months he will remain under Supervision for 3 years. Right of Appeal – 14 days explained. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 9TH DAY OF FEBRUARY 2024 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of: Ogwel - Court Assistant Ms. Nyawinda – Court Prosecutor Ms. Lozi Advocate for 1st Accused Mr. Nabil Advocate for A2 A1 – Present in person – online from Shimo women A2 – Present in person – online from Shimo men HON. LADY JUSTICE A. ONG’INJO JUDGE 02.2024 MS. LOZI ADVOCATE I pray that the we be discharged from proceedings. ORDER Ms. Lozi Advocate discharged from proceedings henceforth. HON. LADY JUSTICE A. ONGI’INJO JUDGE 02.2024 COURT Copies of the proceedings & judgment supplied to defence counsel and to prosecuting counsel. HON. LADY JUSTICE A. ONGI’INJO JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1107/eng@2024-02-09 2
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