Republic v Kirugi [2023] KEHC 23004 (KLR)

Republic v Kirugi (Criminal Case 24 of 2016) [2023] KEHC 23004 (KLR) (21 September 2023) (Sentence)

Neutral citation: [2023] KEHC 23004 (KLR)

Republic of Kenya

In the High Court at Murang'a

Criminal Case 24 of 2016

J Wakiaga, J

September 21, 2023

Between

Republic

Prosecutor

and

Paul Muthama Kirugi

Accused

Sentence

1. I have looked at the presentencing report which is in favour of the convict being given non-custodial sentence.

2. I have further taken into account the fact that the convict has served a seven (7) years pre-conviction term and has entered into plea bargain agreement thereby saving judicial time and resources.

3. The cause of death has been established to be as a result of breakdown in the social fabric as the convict decided not to respond to his father and proceeded to look for food from his grandmother. Nothing is said of the whereabout of his mother.

4. I take the view that the convict is in need of rehabilitation.

5. I therefore sentence the convict to a term of Ten (10) years with effect from 11th October 2016 when he first appeared before court. The last three (3) years thereof to be served on probation.

6. For avoidance of doubt the seven (7) years pre-convict term is considered served. The convict shall therefore be released on probation for three (3) years.

7. And it is ordered.

DATED, SIGNED AND DELIVERED AT MURANGA THIS 21ST DAY OF SEPTEMBER 2023. J. WAKIAGAJUDGEIn the presence of:Ms Wangari for Mr. Mbuthia for AccusedMs Gakumu for State