REPUBLIC v JUMA ABDALLA [2006] KEHC 490 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MACHAKOS

Criminal Case 32 of 2005

REPUBLIC …………………………………………… PROSECUTOR

VERSUS

JUMA ABDALLA ………………………………………… ACCUSED

SENTENCE

The accused and deceased lived together as girlfriend-boyfriend.  On the material day a quarrel that started in the night spilt over to the early morning when accused ordered deceased to pack and go.  When deceased was packing and removing her things accused again intervened to prevent her picking all her belongings.  Thereafter they again exchanged strong words which once more gave accused an opportunity to beat her, this time to death.  We are not told what the cause of the quarrel was.  However the accused had no lawful reasons to beat the deceased even when she was obeying him and was moving her belongings.  Accused is a first offender and is sorry and remorseful.  He pleaded guilty and has been in remand for 12 months which the court will take into account.  He took away a precious life of another on reasons that are not clear.  He has to carry legal responsibility for it.  The court has decided to send him to jail for a period of four (4) years.  It is so ordered.

D. A. ONYANCHA

JUDGE

27/7/06