Republic v Baya [2022] KEHC 15410 (KLR)

Republic v Baya (Criminal Case 29 of 2015) [2022] KEHC 15410 (KLR) (3 November 2022) (Sentence)

Neutral citation: [2022] KEHC 15410 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 29 of 2015

A. Ong’injo, J

November 3, 2022

Between

Republic

Prosecutor

and

Cresh Mweri Baya

Accused

Sentence

1. I have received the pre-sentence report. The accused has a young family – one wife & 3 children. He is the sole breadwinner. He has strong community connection.

2. He is a 1st offender. He was on out on bond & faithfully attended court. He lived well with neighbours before the offence was committed. He didn’t intend to kill the deceased. He did it on self defence. He regrets his actions & is remorseful. He prays for leniency of the court. He prays that court relies on pre-sentence report.

Order 3. This court has considered the accused persons mitigation as well as the pre-sentence report which is favourable for non-custodial sentence and hereby order that accused person serves 3 years on probation supervision.

4. Right of appeal – 14 days explained.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 3{{^RD} DAY OF NOVEMBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGE