Benson Muthaura Marete & James Kithia Ithai v Republic [2018] KEHC 9773 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL DIVISON

CRIMINAL APPEAL NUMBER  123 AND 124 OF 2017

(CONSOLIDATED)

BETWEEN

BENSON MUTHAURA MARETE.................1ST APPELLANT

JAMES KITHIA ITHAI..................................2ND APPELLANT

AND

REPUBLIC............................................................RESPONDENT

SENTENCING

1. I have considered the mitigation by the appellant. That he has been in custody for a long time. I have also considered the sentiments of the state.

2. I have considered the Presentence Report dated 02/11/12. That the accused is a repeat offender, that out of his act a life was lost. The violence metted out on the victims was vicious. This is a fit case for maximum sentence.

3. I hereby sentence the accused to life imprisonment. Right of Appeal 14 days explained.

A. MABEYA

JUDGE

27/11/2018