1.The accused person Dan Otieno Ateng, was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. However, out of a successful Plea bargaining with the Prosecution, the accused has pleaded guilty to the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. He has accordingly been convicted on the same.
2.Given the chance to mitigate, the accused through his Advocate made the following statements in mitigation: -
3.This court has called for and obtained a Probation Officer’s Pre-sentence report. The report, filed in court on 30-10-2023 in its material form, discloses the following relevant social aspects of the accused.v.That the accused is fit for custodial sentence which would assist him in imparting vocational skills.
4.I have considered the circumstances of this case and the mitigation of the accused. I have also considered the fact that accused has saved time for the court by readily entering a Plea bargaining agreement with the Prosecution. And also the Pre-sentence cum social inquiry report presented by the Probation Officer.
5.I am convinced that the aggravating facts herein far outweigh the mitigating factors of the accused and that accused deserves a custodial sentence which will keep him away from the hostile community while according him the opportunity to benefit from the vocational skills and training.
6.I in the circumstances, sentence the accused to serve 25 years imprisonment. This sentence shall run from 23/1/2023 the date accused was first arraigned before court.Right of appeal 14 days explained to the accused.