REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CRIMINAL CASE NO. E016 OF 2023 REPUBLIC………………………………………………… PROSECUTION -V/SCALEB MASILA WEKESA……………………………………..ACCUSED RULING ON SENTENCE 1. Caleb Masila Wekesa was convicted of the offence of Murder by this court on 9 July 2026. I sought a presentence report before sentencing. 2. The presentence report dated 23/7/2026 is unfavourable. The accused is 36 years old. It is reported that he does not take responsibility for his actions and alleges that he was framed, yet he pleads for leniency. 3. The deceased's family is still in pain; he was the sole provider, and the family has faced difficulties since his death. 4. The accused has weak community ties, and the community remains hostile, with residents still baying for his blood. 5. Miss Kamora, for the accused, stated in mitigation that the accused acknowledged the gravity of the offence and expressed deep remorse, and that he should be given a chance to reunite with his family, who are willing to support him. He seeks a non-custodial sentence. He is a first offender. HCCRC NO. E016 OF 2023-RULING ON SENTENCE 1
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6. Murder is a serious offence. I have considered the sentencing guidelines. The accused inflicted very serious injuries on the deceased, which caused his death. A noncustodial sentence is inappropriate. I therefore sentence the accused to twenty (20) years' imprisonment. The time he has spent in remand will be taken into account in accordance with section 333(2) of the Criminal Procedure Code. Dated, signed and delivered virtually this 19 th day of August 2026. R.E.OUGO JUDGE In the presence of: Caleb Masika Wekesa/ Accused Miss Matere for the State Miss Komora for accused/ Absent Fredrick/ Minah - C/A HCCRC NO. E016 OF 2023-RULING ON SENTENCE 2
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