REPUBLIC V KITONGA MUTEMI [2012] KEHC 297 (KLR)

REPUBLIC OF KENYA

High Court at Machakos

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REPUBLIC

VERSUS

KITONGA MUTEMI .……………………….…….………………………… ACCUSED

S E N T E N C E

I have considered the circumstances and facts of this case. The accused is a first offender. He had a disagreement with his uncle (the deceased) over a traditional ritual which the accused refused to undergo. He hit the deceased on the head with a blunt object thus causing his death, and fled to Pangani Nairobi where his parents were living. Together with his father the accused reported the incident to Pangani Police Station. He has been in custody since 2010.

Having considered all the facts and circumstances of this case, I sentence the accused to serve five (5) years imprisonment. He may appeal within fourteen (14) days.

Dated at Machakos this 11thday of December2012

George Dulu

Judge

In presence of:-

N/A for State

Ms Ngatia for Accused

Accused present

Mutinda – Court clerk