Republic v Hussein Kamoyo Kaethia [2018] KEHC 7726 (KLR) | Manslaughter | Esheria

Republic v Hussein Kamoyo Kaethia [2018] KEHC 7726 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN  THE HIGH COURT OF KENYA AT MERU

HCR. CASE NO. 15 OF 2013

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

VERSUS

HUSSEIN KAMOYO KAETHIA.....................................ACCUSED

SENTENCING

1. Although a Pre-sentence Report was ordered on 01/03/2018, none has been filed and no explanation has been filed.

2. I have considered that the accused is a first offender, he is remorseful, and that he is a family man.

3. I have also considered that he committed the offence in the heat of anger as he was attacked by the deceased and only struck him once.

4. I have considered that he has been in custody for 5 years now.

5. However by his action, a life was lost. The sentence for manslaughter is life.

6. Accordingly, I sentence the accused to three (3) years imprisonment.

14 days Right of Appeal explained.

DATED and DELIVERED at MERU this  20th  day of  MARCH, 2018.

A. MABEYA

JUDGE

20:03:18

PRESENT

Court Assistant : Boniface

Mr. Namiti for State

Ms. Nelima H/B Wamache for Accused