Republic v Fredrick Makau Kasiya [2020] KEHC 4735 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HIGH COURT CRIMINAL CASE NO. 115 OF 2017

(FORMERLY MACHAKOS HCCRC 11 OF 2014)

REPUBLIC.......................................PROSECUTION

-VERSUS-

FREDRICK MAKAU KASIYA...............ACCUSED

RULING

1. Fredrick Makau Kasiya the accused herein, was charged and convicted of murder contrary to section 203 as read with section 204 of the Penal Code.

2. The court called for a pre-sentencing report, which has been filed. The accused and deceased were step brothers and lived on the same compound. Accused’s conduct had led to his own mother and sisters re-locating from the home.

3. The report shows that the accused used to abuse drugs and steal from his mother. He even once robbed his own mother. He therefore exhibits a violent behavior.

4.  The family, administration and community are not ready to have him back home for now.

5.  I do not therefore find him to be a suitable candidate for a non-custodial sentence. He has been in custody since 25th February 2014 which is six (6) years and four (4) months.

6.  I have considered the circumstances of the case, the period he has been in custody plus the pre-sentencing report and this being a first offender. I hereby sentence him to six (6) years imprisonment.

Orders accordingly.

Delivered, signed & dated this 26th day of June 2020, in open court at Makueni.

……………………………….

H. I. Ong’udi

Judge