Republic v Benard Kiburi Njenjere [2019] KEHC 8243 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CRIMINAL CASE NO 44 OF 2017

REPUBLIC............................................................DPP

VERSUS

BENARD KIBURI NJENJERE...............ACCUSED

SENTENCING

1. I have considered the mitigation on behalf of the accused that he is a young unmarried man aged 21 years. That he is remorseful and that he has been in custody for 2 years now.

2. I have also considered the circumstances under which the offence occurred. That it was a public affray and that the accused struck the victim only once.

3. I have noted that the accused admitted the charge. There by saving the court judicial time.

4. Be that as it may a life was lost at the instance of the accused. The maximum sentence is life and the prosecution proposes 20 years.

5. Having considered the Pre-sentence report. I note the victim’s sentiments even through the report is positive of the accused.

6. Considering all the foregoing and the period already served.  I sentence the accused 3 years imprisonment.

A. MABEYA

JUDGE

10/04/2019