[JAMES MOLEL had been charged with an offence of murder contrary to Section 203 and 204 of the Penal Code.
[2] In terms of Section 203 as read with Section 204 of the Penal Code the accused, upon being convicted, shall be sentenced to death.
[3] Ms. Maina represents the prosecution, while MR SALIM KHAMISI represents the convict. He came in at the tail end after the previous Advocate failed to attend court
The matter proceeding for full hearing and he was found guilty to the offence of manslaughter contrary to section 202(1) as read with section 205 of The Penal code. The sentence is the same as that of murder.
[4] The court called for a pre sentence report and Mr. Wycliff Wathome a probation officer prepared one dated 14th June 2024.
5. Miss Maina and Mr Salim made brief oral submissions after the report was filed
and each side picked the parts of the report that favored their positions.
6.Miss Maina urged the court to mete out a custodial sentence bearing in mind the restorative objective of sentencing so that the victims family feel that justice was served and noting that the offender was not remorseful.
7. Mr Salim on his part urged the court to have mercy and to be lenient as he was a first offender, a bread winner and his children have since dropped out of school. and can be rehabilitated.
9.I have looked at the Judgment, the report and the submissions. I note that the victim’s family was not traced for their in put and likewise the offender was very economical with information regarding his background. The two, accused and victim had been employed as herdsmen and the motive behind the murder was not fully established.
10. Taking all the above into consideration, I hereby sentence the accused person to a prison term of 10 years .
11.The sentence runs from when he was first arraigned in court which is the 2nd day of May 2019.
12 .It is so ordered.
Dated , signed and delivered this 31st day of July 2024
Wendy Kagendo
Judge
Present
Accused person and his advocate Mr Salim
MS Maina for the state
Ms Bebora court Assistant
.