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JudgmentThe Republic VS MOSES YERI KOMBE2 min read

The Republic VS MOSES YERI KOMBE

High Court at Mombasa High Court · · Wendy Micheni


S E N T E N C E

  1. The accused person was charged with the offence of murder contrary to section 203 of the penal code as read with 204 of the penal code. After a full hearing, he was convicted of  the  lesser offence of manslaughter contrary to section 202 as read with section 205 of the penal code. 
  2. The court then called for  a pre sentence report. Mr muthoka prepared two reports .  The first report indicated that the deceased father was inclined to seek reconciliation with the family of the accused person whilst some other family members sought retribution.
  3. The court directed that  a further report be filed after the discussions.  A subsequent report dated 24th march 2025 was filed and it shows that the two families had reconciled and agreed on some compensation.
  4. I  note that human life cannot be quantified and  payment is not the sole aim of ADR. Just like dowry negotiations and payments in the African culture, the practice is aimed at building bridges and bringing the families together. Therefore AJS where lasting bonds are maintained, is to be encouraged.

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  1. I have looked at the sentencing policy guidelines  and relevant case law. The two families agreed and were all for restorative justice.  The discussions were led by the father of the deceased and he brought everyone on board
  2. I have also  considered the circumstances of the offence and  the deceased played some role in this most unfortunate outcome.
  3. Both the   accused person  and the deceased   were intoxicated and the  accused also sustained some very serious injuries during the encounter .   He produced the medical notes and he also made a report to the police.
  4.   I will therefore sentence the accused person to Probation Sentence of 3 years plus the compensation agreed between the two families.  The compensation to be paid through the probation office.

Dated, signed and delivered in Open Court/online through MS TEAMS,

this …27th…day of …March…2025

HON. LADY JUSTICE W. K. MICHENI

JUDGE

In the presence of: -

The accused person and his advocate  MR. CHACHA MWITA

Mr. Ngiri for the prosecution

Ms Bebora court Assistsant

HON. LADY JUSTICE W. K. MICHENI

JUDGE

    The Republic VS MOSES YERI KOMBE The Republic VS MOSES YERI KOMBE