Republic v Muhoria [2023] KEHC 25333 (KLR)

Republic v Muhoria (Criminal Case 2 of 2016) [2023] KEHC 25333 (KLR) (15 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25333 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 2 of 2016

HI Ong'udi, J

November 15, 2023

Between

Republic

State

and

Ashton Wachira Muhoria

Accused

Ruling

1. The Accused Ashton Wachira Muhoria was first arraigned before this court on 18th January, 2016. Plea was later taken on 8th February, 2016 and the accused pleaded not guilty.

2. The matter proceeded to full hearing and he was convicted of the offence of Murder contrary to section 203 of the Penal code as read with section 215 of theCriminal Procedure Code.

3. The Learned prosecution counsel Mr. Kihara informed the court that the accused is a first offender but he has not accepted his wrong doing. He asked for a custodial sentence.

4. M/s Moenga counsel for the accused in mitigation informed the court that the accused has been in custody for 7 years and has undergone several courses (referred to certificates filed). She requested the court to consider the period he has been in custody.

5. A pre-sentencing report dated October 16, 2023 was filed in court the same day by the Probation office. The report shows that the accused still denies commission of the offence. The report does not call for a non-custodial sentence since the officers would not know how to handle the accused given his attitude.

6. There is high suspicion that there was a love relationship between the accused and the deceased. This is in the judgment and the pre-sentencing report.

7. I have taken into account both submissions on sentence, plus the pre-sentencing report.

8. I have also taken note of the fact that an innocent life was lost through the accused’s action. I have equally taken into account the period of seven (7) years plus ten (10) months the accused has been in remand custody.

9. He will serve a sentence of six (6) years imprisonment from today’s date. Right of appeal explained.

10. Orders accordingly.

DELIVERED, DATED AND SIGNED THIS 15TH DAY OF NOVEMBER, 2023 IN OPEN COURT AT NAKURU................H. I. ONG’UDIJUDGE