Republic v Jared Ongaki Mose [2018] KEHC 46 (KLR)

IN THE HIGH COURT OF KENYA

AT KISII

(CORAM:  R.E OUGO)

CRIMINAL CASE NO.26 OF 2019(MURDER)

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

-VERSUS-

JARED ONGAKI MOSE................................................................ACCUSED

SENTENCE

The accused Jared Ongaki Mose has pleaded guilty to a charge of manslaughter.  He s said to be a first.  In his mitigation he states he is remorseful and that that he has learnt his lesson in Prison.  He maintained that he suffers from a mental illness and that he used to drink.

He also claims that he is the sole breadwinner and that he has tried to extend a hand of reconciliation.  The victim’s parent was interviewed the father of the deceased is still hurting and wants him jailed.  The accused’s father was also interviewed he doesn’t want the accused at home.

The pre-sentence report is not favourable at all.  It states that the accused is not remorseful at all and that he was out to teach the wife a lesson because she had been joking with his matrimonial bed and that what he did was intentional.

The report concludes that he is a social misfit and that his act was intentional.

The facts as read was that the accused person stab the deceased and that she died as a result of the stab wound.  It was a painful way to die.

The law provides that one found guilty of manslaughter is liable to life imprisonment.

Considering all the said facts I sentence the accused person Jared Ongaki Moseto a term of (10) ten years imprisonment.

The accused person has a right of appeal within 14 days.

Dated, signed and delivered at Kisii this 4th day of December, 2019.

R.E. OUGO

JUDGE

In the presence of;

Accused  Jared Ongaki Mose

Mr. Otieno  Senior Prosecution Counsel office of the DPP

Ms. Rael  Court Clerk