Makan v Republic (Criminal Appeal E124 of 2020) [2025] KECA 2273 (KLR) (19 December 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 2273
- Citation
- [2025] KECA 2273 (KLR)
- Decided
- 19 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCriminal AppealPostureAppeal on sentenceCoramLK KIMARU, HA OMONDI, ASIKE-MAKHANDIA
Holding
The sentence of twenty-five years imprisonment was manifestly excessive and is set aside. The appellant is set at liberty with a sentence equivalent to the term already served.
Facts
The appellant, Amos Kibet Makan, was charged with murder for killing EKK on January 23, 2017. The prosecution alleged that the appellant hit the deceased with a stone, causing fatal injuries. The appellant denied the charges and claimed he was provoked.
Issues
- Whether the sentence of twenty-five years imprisonment was excessive in light of the circumstances of the case and the mitigating factors presented.
- Whether the trial court applied correct sentencing principles and failed to balance the gravity of the offense and the offender's personal circumstances.
Reasoning
The trial court failed to adequately consider the mitigating circumstances and the context of the offense. The appellant was a first offender, aged 27, remorseful, and an orphan.
Outcome
Appeal allowed, sentence set aside, and appellant set at liberty.
Orders
- Set aside the sentence of twenty-five years imprisonment.
- Substitute a sentence equivalent to the term already served.
Authorities cited
Legislation (1)
- Penal Code
Cases cited (2)
- Bonaya Tutu Ipu & Another v Republic
- John Onyango Obala v Republic
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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