Republic v Musa [2024] KEHC 1941 (KLR)

Republic v Musa (Criminal Case 44 of 2018) [2024] KEHC 1941 (KLR) (28 February 2024) (Sentence)

Neutral citation: [2024] KEHC 1941 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 44 of 2018

A. Ong’injo, J

February 28, 2024

Between

Republic

Prosecutor

and

Mwarua Daniel Musa

Accused

Sentence

1. The accused person was arraigned in court for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code on 18th September 2018. He was however found guilty for the offence of manslaughter.

2. This court called for Victim Impact Statement but relatives of the deceased declined to be interviewed. Considering the accused has been in custody since 18/9/2018 for 5 years 5 months and 10 days this court finds that it is inexpedient to subject him to further incarceration. He is placed on Probation for 3 years.

3. Right of Appeal 14 days explained.

DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 28TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia - Court AssistantMr. Ngiri for StateAccused – Present in personMr. Bosire Advocate for Accused – Ms. Kerubo Advocate hold briefHON. LADY JUSTICE A. ONG’INJOJUDGEFEBRUARY 28, 2024Ms. KeruboI have been supplied with Victim Impact Statement.HON. LADY JUSTICE A. ONG’INJOJUDGEFEBRUARY 28, 2024