Republic v Musau [2022] KEHC 3210 (KLR)

Republic v Musau (Criminal Case 21 of 2018) [2022] KEHC 3210 (KLR) (7 July 2022) (Sentence)

Neutral citation: [2022] KEHC 3210 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case 21 of 2018

GMA Dulu, J

July 7, 2022

Between

Republic

Prosecution

and

Joseph Muthoka Musau

Accused

Sentence

1. The accused herein who was initially charged with murder contrary to section 203 as read with section 204 of thePenal Code, was convicted on his own plea of guilty to a reduced charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code, after entering into a plea bargain agreement with the State.

2. Before sentencing, this court received a pre-sentence report filed by the Probation Officer – Makueni.

3. I have considered that the accused has no record of a previous conviction, and that his counsel has said that he is remorseful and has become a devoted Christian. Counsel has asked for a non-custodial sentence.

4. I note however, that the pre-sentence report is, to the effect that the accused person had taken to the habit of taking drugs and was violent to his family members. The deceased was actually his brother, and the Probation Officer is not in favour of a probation sentence due to the feelings still persisting in the family.

5. I have also taken into account that the accused has been in custody since arrest, and that he pleaded guilty to the charge in this 2018 case. I take note also that an innocent life has been lost.

6. Consequently, I sentence the accused to five (5) years imprisonment.

DELIVERED, SIGNED AND DATED THIS 7TH DAY OF JULY, 2022, IN OPEN COURT AT MAKUENIGEORGE DULUJUDGE