Republic v Musyoka [2022] KEHC 14705 (KLR)

Republic v Musyoka (Criminal Case E018 of 2020) [2022] KEHC 14705 (KLR) (21 October 2022) (Sentence)

Neutral citation: [2022] KEHC 14705 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case E018 of 2020

A. Ong’injo, J

October 21, 2022

Between

Republic

Prosecutor

and

Francis Stephen Musyoka

Accused

Sentence

MitigationWe submit for a lenient sentence for the following 3 reasons:- 1. a.The accused is the only bread winner and he’s elderly parents heavily rely on him to cater for their basic needs.

2. b.The accused is remorseful of his actions that led to the unfortunate events that occurred. The death was not pre-meditate.

3. c.This being an incident that occurred between members of the same family. My client has sought forgiveness from the family members of his uncle. He is well aware of his actions and ripple effects it has caused. He has learnt his lessons and will not repeat offence.

4. d.Given the action was committed without predetermined mind we pray for a lenient sentence.

Order 5. This court has considered the accused persons mitigation as well as the contents of the Victim Impact Statement and finds that a life having been lost, the accused deserves a commensurate punishment.

6. He is sentenced to serve 20 years Imprisonment to run from November 30, 2020 when he was arraigned in court.

7. Right of Appeal – 14 days.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 21ST DAY OF OCTOBER 2022HON. LADY JUSTICE A. ONG’INJOJUDGELater at 12:37 pmOgwel - Court AssistantMs Kambaga for StateMr. Motuka for AccusedAccused - Present in Person