Republic v Muteti [2023] KEHC 1053 (KLR)

Republic v Muteti (Criminal Case 06 of 2020) [2023] KEHC 1053 (KLR) (21 February 2023) (Sentence)

Neutral citation: [2023] KEHC 1053 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case 06 of 2020

GMA Dulu, J

February 21, 2023

Between

Republic

Prosecution

and

James Mutiso Muteti

Accused

Sentence

1. I have considered that the accused pleaded guilty to a lesser offence of manslaughter and did not waste this court’s time. He is a first offender and has asked for leniency.

2. The pre-sentence report notes that the accused is a relatively young man of 27 years and accepts responsibility for the offence. The probation officer proposes a non-custodial sentence.

3. I have also considered that the accused person has been in custody since 2020, more than two (2) years now.

4. However, I note that the accused used excessive force in hitting the deceased on the head with a blunt object when there is indication of violence created by the deceased. In my view therefore, a non-custodial sentence is not suitable.

5. After considering all the above factors, I sentence the accused person to twelve (12) months imprisonment.

DELIVERED, SIGNED & DATED THIS 21ST DAY OF FEBRUARY, 2023, IN OPEN COURT AT MAKUENI.........................................GEORGE DULUJUDGE