Republic v Jackson Mwendwa Kanari [2019] KEHC 5498 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HCCR NO. 140 OF 2017

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

VERSUS

JACKSON MWENDWA KANARI..................ACCUSED

(Formerly Machakos High Court Criminal Case No. 21 of 2016)

RULING ON SENTENCE

1. The accused had initially been charged with murder contrary to section 203 as read with section 204 of the Penal Code. After a plea bargain arrangement the charge was reduced to manslaughter contrary to section 202 as read with section 205 of which he was convicted.

2. The pre-sentence report is favourable to the accused who is aged 25 years old. He was first arraigned in court on 03/05/2016 which is 3 years 2 months now.

3. I have considered the mitigation and the circumstances leading to the commission of the offence. The accused must learn to manage his anger. What the deceased did not warrant a lash of that nature from the accused. He went overboard.

4. I have considered the period the accused has been in custody.

ORDER

(i)The accused is sentenced to serve two and a half years (30 months) imprisonment.

DELIVERED, SIGNED & DATED THIS 23RD DAY OF JULY, 2019 AT MAKUENI IN OPEN COURT.

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HON. H. I. ONG’UDI

JUDGE