Republic v Moses Kinyua [2018] KEHC 8591 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL CASE NO. 41 OF 2012

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

-VERSUS-

MOSES KINYUA...................................ACCUSED

SENTENCING

I have considered the able mitigation made on behalf of the accused.  I have considered that he is remorseful and in particular the circumstances under which the offence occurred.

I have considered that the accused has been in custody for over five years now as well as is advanced age.

I have taken into consideration the presentence report dated 25th January, 2018 which is positive of the accused.

Taking into consideration all the foregoing, I sentence the accused to serve three (3) years probation under the Probation Offer, Imenti North.

DATED and DELIVERED at Meru this 1st day of February, 2018.

A. MABEYA

JUDGE