Republic v Josephat Muia Maweu [2021] KEHC 3432 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MAKUENI

HCCRC. NO.18 OF 2020

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

VERSUS

JOSEPHAT MUIA MAWEU ............................................ACCUSED

RULING ON SENTENCE

1.  The accused person herein who was initially charged with murder was convicted of manslaughter after a plea bargaining agreement was signed with the State.

2.  The learned defence counsel Mr. Kioko has asked that he be given a non-custodial sentence as he is a young man who acted to protect his sister.

3. The accused is a first offender and is a young man. I have perused and considered the pre-sentence report in which a non-custodial sentence is proposed. It is proposed that he be put on probation.

4.   The force used is however in my view excessive, and a life has been lost.

5.  I sentence the accused to one (1) year imprisonment.

DELIVERED, SIGNED & DATED THIS 7TH DAY OF OCTOBER 2021, IN OPEN COURT AT MAKUENI.

..............................

GEORGE DULU

JUDGE