Republic v Antony Mwangi Kimani alias Kulio [2020] KEHC 8743 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CRIMINAL DIVISION

HIGH COURT CRIMINAL CASE NO. 20 OF 2017

REPUBLIC......................................................................................PROSECUTOR

VERSUS

ANTONY MWANGI KIMANI alias KULIO........................................ACCUSED

RULING ON SENTENCE

1. By a plea agreement recorded by the court having been entered into between  the prosecution  and the defence the convicts initial charge of murder was reduced to manslaughter to which  he pleaded guilty.

2.  In compliance with the Sentencing Policy Guidelines this court ordered for presentencing report, where it has been recommended that the convict be placed on probation.  It was further observed that the family of the accused and the deceased had reconciled and through what this court calls  “Ngamia” jurisprudence, compensation has been paid partly. Having looked at the mitigation of the convict I hereby sentence him to six years to be served as follows:-

a) Three (3) years in custody from 11th May, 2017 in compliance with the provisions of Section 333 of Criminal Procedure Code.

b) Three (3)  years thereafter on probation so as to be rehabilitated by the probation officer and resettled in  society and it is so ordered.

Dated, signed, delivered at Nairobi this 23rd day of January, 2020

........................

J. WAKIAGA

JUDGE

In the presence of:-

Ms Gikonyo for the State

Ms Odembo for the accused

court assistant: Karwitha

Accused person present