1. This court has heard the plea in mitigation as submitted by Mr. Mutinda, learned Advocate for the accused person on 24th April, 2025. The court has considered that plea in mitigation. It has also considered the submissions of learned Prosecution Counsel Ms Kaburu.
2. Initially the accused person was charged with the offence of murder but that charge was reduced to manslaughter upon entering a plea agreement with the State. I have seen the pre-sentence report filed herein on 3rd June, 2025. The same speaks very well of the accused person. However, this court should not lose sight of the seriousness of this offence much as the accused pleaded guilty and has reconciled with the family of the victim an act which signifies genuine remorse.
3. Weighing the aggravating and mitigating factors but at the same time considering the nature and circumstances of the offence, my view is that the accused person is still required to spend some time in custody as a punishment for his action. A short custodial sentence shall suffice and accordingly the court sentences him to a term of imprisonment of six (6) years to run from 23rd February 2022 so as to comply with Section 333(2) of the Criminal Procedure Code.
4. Right of appeal to the Court of Appeal (sentence only) is explained.
Orders accordingly.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 3RD DAY OF JUNE, 2025.
2. Initially the accused person was charged with the offence of murder but that charge was reduced to manslaughter upon entering a plea agreement with the State. I have seen the pre-sentence report filed herein on 3rd June, 2025. The same speaks very well of the accused person. However, this court should not lose sight of the seriousness of this offence much as the accused pleaded guilty and has reconciled with the family of the victim an act which signifies genuine remorse.
3. Weighing the aggravating and mitigating factors but at the same time considering the nature and circumstances of the offence, my view is that the accused person is still required to spend some time in custody as a punishment for his action. A short custodial sentence shall suffice and accordingly the court sentences him to a term of imprisonment of six (6) years to run from 23rd February 2022 so as to comply with Section 333(2) of the Criminal Procedure Code.
4. Right of appeal to the Court of Appeal (sentence only) is explained.
Orders accordingly.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 3RD DAY OF JUNE, 2025.