Case Metadata |
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| Case Number: | Criminal Case 16 of 2016 |
|---|---|
| Parties: | Republic v EMO |
| Date Delivered: | 21 Sep 2018 |
| Case Class: | Criminal |
| Court: | High Court at Kisii |
| Case Action: | Ruling |
| Judge(s): | David Amilcar Shikomera Majanja |
| Citation: | Republic v EMO [2018] eKLR |
| Advocates: | Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions, Mr. Nyambati for Ms. Nduhukire, Advocate for the Accused |
| Court Division: | Criminal |
| County: | Kisii |
| Advocates: | Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions, Mr. Nyambati for Ms. Nduhukire, Advocate for the Accused |
| History Advocates: | Both Parties Represented |
| Case Outcome: | Accused set free |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 16 OF 2016
REPUBLIC.........................................................PROSECUTOR
VERSUS
EMO...........................................................................ACCUSED
RULING ON SENTENCE
The accused, EMO, was charged with the murder of DMN which took place on 24th and 25th May 2016 at Marani Sub County within Kisii County. After a plea bargain he pleaded guilty to the offence of manslaughter.
The facts of the case were largely based on circumstantial evidence as the accused, who was a cousin to the deceased, 4 year old child, was the last person to be seen with her and her body was found with head injuries in a well on the same day.
It emerged during the proceedings that the accused was 16 years old at the time he committed the offence. It also emerged that he had been convicted of stealing vide Kisii Criminal Case No. 1698 of 2014 and sentenced to serve two (2) years probation.
Considering the options for sentencing a child under section 191 of the Children Act and the circumstances of this case bearing in mind that he has been in custody since May 2016, I sentence the accused to two (2) years imprisonment but the sentence shall be suspended for a period of two (2) years. Should the accused commit any offence for which he is convicted, he shall be re-arrested and committed to serve the two (2) years sentence. He is now set free unless otherwise lawfully held. Probation Officer to be notified of this ruling.
Ruling read and delivered in open Court this 21st September 2018.
D.S Majanja
Judge
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions
Mr. Nyambati for Ms. Nduhukire, Advocate for the Accused
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