Republic v Mutua [2022] KEHC 15944 (KLR)

Republic v Mutua (Criminal Case 52 of 2017) [2022] KEHC 15944 (KLR) (29 November 2022) (Sentence)

Neutral citation: [2022] KEHC 15944 (KLR)

Republic of Kenya

In the High Court at Makueni

Criminal Case 52 of 2017

GMA Dulu, J

November 29, 2022

Between

Republic

Prosecution

and

Michael Wambua Mutua

Accused

Sentence

1. The accused herein was initially charged with murder contrary to section 203 as read with section 204 of the Penal Code.

2. Thereafter, plea bargain was pursued and the charge was reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code.

3. He pleaded guilty to the lesser charge of manslaughter, and has been convicted.

4. Before sentencing, this court called for and received a pre-sentence report, which I have considered. In the report dated July 20, 2022, the probation officer has recommended a probation sentence.

5. I note also that the two families entered into compensation arrangements, and agreements have been reached and documents filed in court. I have also considered that the accused is aged 32 years and has been in custody since 2010. He is a first offender.

6. Having considered all the above factors however, in my view, a non-custodial sentence is not appropriate as this court needs to discourage senseless killings.

7. I sentence the accused to serve three (3) years imprisonment.

DELIVERED, SIGNED & DATED THIS 29TH DAY OF NOVEMBER, 2022, IN OPEN COURT AT MAKUENI.……………………………George DuluJudge*