Please Wait. Searching ...
Republic v Kinyili (Criminal Case E010 of 2021) [2022] KEHC 15917 (KLR) (1 December 2022) (Sentence)
Neutral citation:
[2022] KEHC 15917 (KLR)
Republic of Kenya
Criminal Case E010 of 2021
GMA Dulu, J
December 1, 2022
Between
Republic
Prosecution
and
Mutunga Kinyili
Accused
Sentence
1.The accused herein was initially charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2.Through a plea bargain agreement he pleaded guilty to the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
3.Before considering the sentence, this court ordered for, received and considered a pre-sentence report from the Probation Officer. I note that the pre-sentence report indicates that non-custodial sentence is not suitable for the accused.
4.I have considered that the deceased was a step father of the accused, that their relation between accused and deceased was not cordial prior to the incident resulting in the death, that accused is a first offender has been in custody since March 2021, which is morethan one year and a half now, and that the family is still afraid of him, and also that he pleaded guilty and did not waste court’s time.
5.In view of the above considerations, I sentence the accused to serve five (5) years imprisonment.
DELIVERED, SIGNED & DATED THIS 1ST DAY OF DECEMBER 2022, IN OPEN COURT AT MAKUENI.………………………………George DuluJudge
