Republic v Josephat Abunda Nyangoto [2018] KEHC 1870 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISII

CORAM:  D.S MAJANJA J.

CRIMINAL CASE NO. 38 OF 2013

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

VERSUS

JOSEPHAT ABUNDA NYANGOTO ........ACCUSED

RULING ON SENTENCE

The accused, JOSEPHAT ABUNDA NYANGOTO, was charged and convicted of the murder of ALICE NYABONYI TAMARO which took place on 8th March 2013.

I am now called upon to impose an appropriate sentence.  The prosecution notes that he may be treated as a first offender and deserves a sentence of not less than ten (10) years imprisonment.  The counsel for the accused suggests five (5) years imprisonment taking into account the time served.

I have considered the facts surrounding the offence and the time served while in remand.   I hereby sentence the accused to twenty (20) years imprisonment to commence from 8th April 2013.

Right of appeal explained.

Dated and delivered at Kisii this 28thday of November 2018.

D.S MAJANJA

JUDGE

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.

Mr. Magara Advocate, for the accused.