Republic v George Muthora Nyutu [2017] KEHC 1901 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAROK

CRIMINAL CASE NO 18 OF 2017

REPUBLIC ………………………………....RESPONDENT

VERSUS

GEORGE MUTHORA NYUTU…………………..ACCUSED

SENTENCE

1. The accused stands convicted of manslaughter of the deceased with whom she lived as her husband.  The prosecution has submitted that although the accused was drunk, it was self intoxication.  Furthermore, they have submitted that the accused is a first offender.  They have further submitted that the court should take into account the injuries that were inflicted on the deceased.  The Post mortem examination report shows that the accused  had a swollen  head.  She also had bruises on the left side of the chest. Furthermore, the 5th and 6th ribs were fractured.  The doctor concluded that the deceased  died due to multiple blunt traumatic forces.

2. Furthermore, in his mitigation, Ms Mogere for the accused submitted that the accused is remorseful and that he is a young man aged 39 years.  He further submitted that before his arrest, he was the one taking care of his 75 years old mother who is bed ridden with illness.  She also urged the court to take into account  that the accused has been in custody  for 3 years and for those reasons, he urged the court to  impose a non-custodial sentence.

3. I have considered all these  matters.  I find that the accused is a first offender.  I also find that they were living as husband and wife.  I also find from the evidence that they led a quarrelsome life with heavy alcoholic drinking.

4. Furthermore, I also find that the life of a 39 years old deceased has been cut short.  Furthermore, I find that the accused inflicted several injuries on the deceased.

5. In the circumstances, after considering both the mitigating and aggravating circumstances, I hereby sentence the accused to 18 years imprisonment.

Judgement delivered in open court this 15th day of November, 2017

in the presence of

Mr. Mikofu for state and Ms Mogere for accused.

J. M. Bwonwonga

Judge

15/11/2017