REPUBLIC v MOSES MUGENDI KARIUKI [2013] KEHC 4969 (KLR)

REPUBLIC OF KENYA

High Court at Embu

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REPUBLIC............................................................................RESPONDENT

VERSUS

MOSES MUGENDI KARIUKI.....................................................ACCUSED

SENTENCE

I have considered the circumstances under which the deceased met his death. The death was not premeditated but the brutality with which the accused assaulted the deceased was meant to cause him grievous injury. The facts speak for themselves. However from the social inquiry report I do find that the accused is aged about 24 years now. He has been in custody for about one year today. He readily admitted to a reduced charge of manslaughter.

The report further shows that the accused would readily be admitted back into the community.

Taking into account all the above considerations I do sentence the accused to 4 years imprisonment. The first 2 years will be served in prison confinement while the remainder of 2 years will be served on probation for purposes of monitoring and further rehabilitation. Conditions well explained to the accused.

Read in open Court in the presence of M/s Macharia for State, Mr. Njoroge for accused, accused and Njue C/c.

DATED AND DELIVERED AT EMBU THIS 13TH DAY OF FEBRUARY 2013

H.I. ONG'UDI

J U D G E

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