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|Case Number:||Criminal Application 13 of 2010|
|Parties:||REPUBLIC v NIKONORY WAKAKA MAKUTO|
|Date Delivered:||13 Oct 2010|
|Court:||High Court at Busia|
|Judge(s):||David A Onyancha|
|Citation:||REPUBLIC v NIKONORY WAKAKA MAKUTO  eKLR|
|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
Criminal Application 13 of 2010
NIKONORY WAKAKA MAKUTO……………..ACCUSED
S E N T E N C E
The accused on the material day came home while drunk and picked a quarrel with his wife. There is evidence that they used to quarrel and fight. There is evidence that the deceased was nursing some sickness and her spleen was grossly enlarged. There is no evidence that the accused beat her much or how and where he beat her. Medical evidence shows that the death of the deceased which occurred the same night was triggered somehow by the trauma caused by accused’s beatings. The physical injuries found by the medical examination are not severe. It is not clear accordingly how the beatings triggered the deceased’s death. One way or the other however the beatings did lead to the deceased’s death.
The accused is about 35 years old and is remorseful. He has two young children who need his protection. It is unfortunate that when he drinks he becomes belligerent. It is hoped that his stay in prison will have taught him some useful lesson in life – that drinks do not add much value to his life. He can therefore drop drinking completely and start going to church without delay.
Taking all the above into account the court sends him to jail for (7) seven months.