Republic v Job Atanga Geita [2019] KEHC 528 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

(CORAM:  R.E OUGO)

CRIMINAL CASE NO.31 OF 2018

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

VERSUS

JOB ATANGA GEITA....................................................................ACCUSED

SENTENCE

1.  Job Atanga Geita was charged with the offence of murder by an information dated the 24/8/2018.  The deceased is Peter Kebiro Okari.  The accused person is said not to be a 1st offender by the Director of Public Prosecution but no records were availed to show that he had a previous conviction. Plea was taken on the 24/8/2018.  The accused has been in custody since August 2018 about one year 2 months.

2.  The pre-sentence report on the accused is very unfavourable.  He is about 34 years. The report states; the community is very negative about the accused and a non custodial sentence is recorded.

3.  I have considered his mitigation.  In his defence he did not raise the issue of under the influence of alcohol.  I listened the witness testify. The accused person on the material day went on a spree of harming people he came across.  He murdered the deceased Peter Kebiro in a most gruesome manner.  The accused person is a very violent person who does not deserve a non-custodial. He needs to be put away from the society for some time. I therefore sentence the accused personJob Atanga Geitato 40 years imprisonment.  He has a right of appeal within 14 days.

Dated, signedand delivered at Kisii this 11th November, 2019.

R.E. OUGO

JUDGE

In the Presence;

Accused        In person

Mr. Kaburi       For the Accused person

Mr.Otieno      Senior state Counsel Office of the DPP

Ms. Rael    Court Clerk