Republic v Martin Gituma Kinoti [2021] KEHC 4499 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HIGH COURT CRIMINAL CASE NO. 79 OF 2015

REPUBLIC ..............................................................PROSECUTOR

VERSUS

MARTIN GITUMA KINOTI...........................................ACCUSED

SENTENCE

1. I have read the judgment delivered on 3/6/2021 together with the victim impact assessment report dated 19/7/2021 and duly taken the mitigation on behalf of the accused.  I have also appreciated the circumstances under which the very grievous crime was committed together with the age of the accused and the fact that he is unapologetic; I do consider that this is a case to go for deterrence as a way of sentence.    I consider a custodial sentence is most desirable noting that the community is outraged by the conduct of the accused and may not guarantee his safety if the court was to impose a non-custodial sentence.

2. In such circumstances and taking all relevant factors into account I do sentence the accused to serve a jail term of 30 years to be computed from the 16/10/2015 when he was arrested and put into custody.

SENTENCE DELIVERED DATED AND SIGNED AT MERU THIS 4TH DAY OF AUGUST 2021

PATRICK J.O OTIENO

JUDGE