Republic v Elijah Ndalila Wafula, Rosemary Nanyama Wafula & Patrick Wandawa Wandabwa [2020] KEHC 4875 (KLR)

REPUBLIC OF KENYA.

IN THE HIGH COURT OF KENYA

AT BUNGOMA.

CRIMINAL CASE NO. 11 OF 2015.

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

VERSUS

1.  ELIJAH NDALILA WAFULA......................1ST ACCUSED

2. ROSEMARY NANYAMA WAFULA............2ND ACCUSED

3. PATRICK WANDAWA WANDABWA..........3RD ACCUSED

SENTENCE

5/6/2020

Before S N Riechi J

Thuo for state

Wantanga for accused – present

Accused 1, 2, 3 – present in Bungoma Prison.

Watanga: On behalf of all the accuseds. The 1st accusedis aged 55 years has one wife and 4 children.

Accused 2 is 60 years old and has children. He was the breadwinner.

Accused 3 is 34 years old.

They have been in custody since 2015. They pray for leniency.

Court: The court has considered the fact that accused are first offenders and what has been stated in mitigation. However, offence is serious and led to loss of life of deceased. Each accused is sentenced to serve 10 (Ten) Years imprisonment. Right of appeal within 14 days.

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S N RIECHI

JUDGE

5/6/2020