Republic v Kyalo Nzyuko [2019] KEHC 4004 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MAKUENI

HCCR NO. 152 OF 2017

FORMERLY MACHAKOS HCCR. NO. 38 OF 2012

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

-VERSUS-

KYALO NZYUKO.........ACCUSED

RULING ON SENTENCE

1. Kyalo Nzyuko the accused, was charged with the offence of murder contrary to Section 203 as read with Section 204 Penal Code. After a plea bargain agreement, the charge was reduced to manslaughter contrary to Section 202 as read with Section 205 Penal Code. The particulars were that on the night of 30th and 31st October, 2012 at Miaani village, Kalamba location in Nzaui district within Makueni county caused the death of Kyuvi Kiamba.

2. He pleaded guilty and was convicted. From the facts it was revealed that the accused and deceased were very good friends and relatives to the extent that even the accused’s father could identify the deceased by his voice. It has also been shown that both the accused and deceased were drunk on the material night.

3. The social inquiry report filed herein on 26th September, 2019 is a detailed one. The community and the administration indicate that the accused lived well among them and they are willing to have him back. The two affected families are working on a reconciliation formula.

4. The accused has shown remorse, and has behaved well during his stay in prison. He was first arraigned in court on 8th November, 2012 at Machakos High court. He has been in custody since then which is roughly seven (7) years.

5. Having considered the facts of this case, the circumstances under which the offence was committed, the social inquiry report and the period the accused has been in prison, I find that he has learnt good lessons. He should be able to adjust back into family and community with their support.

6. I therefore discharge him under Section 35(1) Penal Code on condition that he remains of good conduct for twelve (12) months. This condition is well explained to him.

Orders accordingly.

DELIVERED, SIGNED & DATED THIS 27TH DAY OF SEPTEMBER 2019, IN OPEN COURT AT MAKUENI.

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H. I. ONG’UDI

JUDGE