Case Metadata |
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| Case Number: | Criminal Case 14 of 2017 |
|---|---|
| Parties: | Republic v David Nyaga |
| Date Delivered: | 17 Dec 2020 |
| Case Class: | Criminal |
| Court: | High Court at Nyahururu |
| Case Action: | Sentence |
| Judge(s): | Charles Mutungi Kariuki |
| Citation: | Republic v David Nyaga [2020] eKLR |
| Advocates: | SC Rugut for state Ms Ogembo holding brief Mongeri for Accused |
| Court Division: | Criminal |
| County: | Nyandarua |
| Advocates: | SC Rugut for state Ms Ogembo holding brief Mongeri for Accused |
| 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 NYAHURURU
{Coram. C. Kariuki - J}
CRIMINAL CASE NO. 14 OF 2017
REPUBLIC………………………………………………..PROSECUTOR
VERSUS
DAVID NYAGA ……………………………………………..APPELLANT
SENTENCING
This is a case where the accused is charged with the offence of murder and has been convicted and the matter is for sentencing.
The circumstances of killing according to facts accepted by the court is that the deceased broke accused’s window of the bar which made the accused to chase and attack accused and then throw him in the dam after injuring him thus inflicting injuries to him and causing him to drown.
The provocation of breaking the bar window is not a justification for taking law into his own hand by injuring and drowning the deceased.
The facts that he has 10 children and he is the sole bread weaner ought to have made him more cautious in being such violent and inhuman.
Thus the court has noted he is repentant and remorseful however he has to pay for the brutal act.
He is thus sentenced to serve 25 years imprisonment.
Right of appeal 14 days.
Dated, Signed and Delivered at Nyahururu this 17th day of December, 2020
CHARLES KARIUKI
JUDGE
PRESENT
SC Rugut for state
Henry Court Assistant
Ms Ogembo holding brief Mongeri for Accused
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