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|Case Number:||Constitutional Reference 13 of 2008|
|Parties:||REPUBLIC v .FREDRICK WESONGA MAKOKHA & 2 others|
|Date Delivered:||12 Oct 2010|
|Court:||High Court at Busia|
|Citation:||REPUBLIC v .FREDRICK WESONGA MAKOKHA & 2 others  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|
The three Accussed are brothers and a cousin.They beat a drunken father–uncle inflicting serious injuries . This arose from a report from the 3rd accused’s wife who alleged that deceased, her father-in-law tried to rape her. On being confronted with the allegation by the accused,the deceased who was too drunk,instead started to beat one of them with a stick. No serious injury was inflicted on any of the accused as such would have being shown.It is likely the accused were angered by the deceased s conduct, It is also likely that the accussed may have been provoked to beat the deceased.But to beat him so brutally that he died out of the injuries using almost unnecessary force. Furher more, to leave him alone to die,almost confirms unlawfully intention. However,the deceased started it all and brought his own death eventually. He however ,did not deserve to die. Accused should have avoided serious beating of their old man and raised any grievances when he would become sober.
I have considered the circumstances of this case. I have come to conclusion that this is not a case where custodial sentence can be avoided.The accused will accordingly go to jail for two (2)years having taken account of the two years in remand.