Republic v AKM [2022] KEHC 13337 (KLR)

Republic v AKM (Criminal Case 92 of 2017) [2022] KEHC 13337 (KLR) (4 October 2022) (Sentence)

Neutral citation: [2022] KEHC 13337 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case 92 of 2017

GMA Dulu, J

October 4, 2022

Between

Republic

Prosecution

and

AKM

Accused

Sentence

1. The accused herein has been convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code on his own plea of guilty, on the basis of a plea bargain agreement whereby the initial charge of murder was reduced to the lesser charge of manslaughter.

2. Before this court considering sentence, a pre-sentence report was filed by the Probation Officer. I have taken into account that the accused is a first offender, and has been in custody since 2014. He is young and unmarried. He has had a history of mental disease fluctuations, and thus the delay in the progress of this criminal case. The pre-sentence report recommends a non-custodial sentence.

3. Having considered the totality of the circumstances of this matter, and the previous mental condition of the accused, I sentence the accused to serve a probation sentence of two (2) years, under the supervision of the Probation Officer, who will be at liberty to file a report on the matter to court, in case the accused person violates the probation legal requirements.

DELIVERED, SIGNED & DATED THIS 4TH DAY OF OCTOBER 2022, IN OPEN COURT AT MAKUENI........................GEORGE DULUJUDGE