Republic v Masinde & another [2024] KEHC 796 (KLR)

Republic v Masinde & another (Criminal Case 4 of 2010) [2024] KEHC 796 (KLR) (1 February 2024) (Sentence)

Neutral citation: [2024] KEHC 796 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case 4 of 2010

SC Chirchir, J

February 1, 2024

Between

Republic

Prosecutor

and

Clestone Ekina Masinde

1st Accused

Constant Ekina Wawire

2nd Accused

Sentence

1. The accused herein was charged with murder. After full trial, the court found that the murder charge was not established and convicted the accused of the lesser charge of causing grievous bodily harm on the deceased contrary to section 234 of the Penal Code.

2. A presentencing report was prepared and the parties were given a chance to submit. In mitigation, the accused submitted that he is remorseful, he is 66 years old and asks for leniency.

3. For the state, the prosecution seeks custodial sentence. The prosecution insists that this was a case of murder ,and the accused only got away because of lack of post mortem Report.

4. I have perused the presentencing report and considered the submissions of both parties. The presentencing report indicates, that prior o the incident the accused was a person of sound character. He got on well with the community and held the position of the village elder. There was no prior criminal record.

5. The offence of causing grievous bodily harm attracts a sentence of up to life imprisonment. I have taken into consideration the aforegoing submissions and the findings of the probation report.

6. I have further considered the fact that the accused has spent 7 years in custody.

7. In view of all the aforegoing , I hereby sentence the accused to 3 years in prison, with effect from the date the date of conviction.Right of Appeal, 14 days.

DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 1ST DAY OF FEBRUARY, 2024S. ChirchirJudgeIn the presence of:-Mr. Rono- Court Assistant.The Accused.Mr. Munyeno for the Accused.Mr. Liena for DPP