Republic v Josiah Musyoka Mwanzia [2022] KEHC 1134 (KLR) | Sentencing Principles | Esheria

Republic v Josiah Musyoka Mwanzia [2022] KEHC 1134 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT GARISSA

CRIMINAL CASE NO. 5 OF 2019

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

VERSUS

JOSIAH MUSYOKA MWANZIA......................ACCUSED

SENTENCE

The court has considered the fact that the accused is a first offender, he has been in custody for 3 years 9 months and is remorseful.

The court has equally taken into account that the menace; domestic violence is still on the rise, men killing their wives or girlfriends at the slightest provocation is becoming an every day affair and more so in this jurisdiction and a strong message must be passed to all that it is against tenets of human rights, it is not acceptable in a civilized society, it is cruel and barbaric and must be condemned.

Against the above background and considering the time the accused served in custody awaiting trial I sentence him to 30 years imprisonment.

DATED SIGNED & DELIVERED IN GARISSA THIS 10TH DAY OF MARCH, 2022.

……………………………….

ALI-ARONI

JUDGE

In the presence of; -

Accused present

Miss Ndindi for Advocate for the Accused

Mr. Kihara for the State

Amina/Martin Court Assistants