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JudgmentThe Republic VS FRIDAY BARAZA2 min read

The Republic VS FRIDAY BARAZA

High Court at Makueni High Court · · George. Dulu


SENTENCE RULING

  1. The accused person herein was initially charged with murder contrary to Section 203 as read with Section 204 of the Penal Code.
  2. He has however been convicted of the lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
  3. Before sentencing him, this court sent the file back to Makueni High Court for directions on sentence, but instead of obtaining a pre-sentence report or giving any directions on sentence, the file was returned to Voi High Court for sentencing.

  1. I thus gave chance to the Prosecuting Counsel and the defence counsel to make oral submissions virtually on sentence.
  2. On 18th April 2024 Ms. Omolo for the Director of Public Prosecutions, and Mr. Kioko appeared in the presence of the accused person; all of them virtually.
  3. Ms. Omolo for the prosecution submitted that the accused person was a first offender.  Counsel further submitted that though the State does not support mandatory sentences, they were of the view that custodial sentence was most appropriate in the present case.
  4. On his part, Mr. Kioko for the accused person asked the accused person to make his own mitigation plea to the court.
  5. The accused person Friday Baraza then begged for mercy from this court and said that the incident was not intended, as he was at the time mentally disturbed and unstable.  He stated further that he merely found himself in Mathare Hospital where he was admitted for six (6) months and that he was now cured.
  6. He asked for non custodial sentence, and added that he can attend to medical treatment while out of prison custody.
  7. I have considered all the above factors, I am aware that from the evidence tendered during the trial, the accused person had a history of mental stress prior to the incident.  The shooting of the deceased was completely unprovoked, as the deceased infact had gone to the police station to try to calm down the accused person.
  8. The accused person is a first offender, and has been in custody from January 2018 when he was arrested, a period of more than six (6) years now.  It was an unfortunate incident and he is remorseful.
  9. I note from the pre-bail report filed in October 2018 by S. M. Munyasa, Probation Officer Makueni, that the accused’s home is Cheptuli village, Shivaga Location in Kakamega North Sub County, and that his father is Zacharia Barasa Mmbasi a retired Administration Police Officer, currently engaged in sugarcane farming.
  10. In the circumstances of this case, I sentence the accused person to six (6) months imprisonment from today.  On release from prison, it will be the responsibility of his father Zacharia Barasa Mmbasi to ensure that the accused person herein attends medical treatment for his mental condition.

Dated, signed and delivered this 16th day of May 2024 virtually in open court at Voi.

In the presence of:-

Alfred/Trizah – Court Assistants

Mr. Tanui for State

Accused

    The Republic VS FRIDAY BARAZA The Republic VS FRIDAY BARAZA