RULING ON SENTENCE
- The two accused persons herein have been convicted of manslaughter under Section 202 of the Penal Code whose maximum sentence under Section 205 of the Penal Code is life imprisonment.
- Before sentencing them, this court ordered for and received pre-sentence reports. I must mention that the reports on Emmanuel Muthenya Mbulo and Fredrick Musyoki Anthony recommend probation sentences, and highlighted ongoing family reconciliation efforts.
- The Prosecuting Counsel in submissions maintains that non-custodial sentence is not appropriate, as a life was lost. Defence counsel on the other hand relied on the pre-sentence report, and emphasized that both accused persons need to be released from custody to take care of their dependants.
- On my part, I found both the accused persons guilty of manslaughter, because there was evidence of a verbal exchange with the deceased person in a liquor drinking joint. There was however, no indication of plea bargain effort made or family reconciliations during trial.
- I have considered that a precious life was lost, and the force or violence used on the deceased person who was unarmed was excessive and needless. Having considered all the above factors and in order to discourage senseless violence, I find that non-custodial sentence is not appropriate. Having also taken into account the period of about 7 years they have been in custody, I order that each of the two accused persons will serve three (3) years imprisonment from today’s date. Right of appeal 14 days.
Dated, signed and delivered this 20th day of March 2024 virtually at Voi.