Republic v Ngui Mutuku [2020] KEHC 7057 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MAKUENI

HCCRC NO. 29 OF 2017

FORMERLY MACHAKOS HCCRC. NO. 84 OF 2015

REPUBLIC.............PROSECUTION

-VERSUS-

NGUI MUTUKU...........ACCUSED

RULING

1. Ngui Mutuku was convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code after a full trial.

2. In mitigation on the accused’s behalf Mr. Hassan told the court that the accused was a family man and had a daughter aged eight (8) years. He is an orphan and his siblings depend on him. That he was remorseful for his actions.

3. The pre-sentencing report filed on 12th February 2020 shows that the accused and deceased were distant relatives. The accused is a single man and has made peace with the deceased’s mother. Generally, the accused is shown not to be a security risk if released back into society.

4. The report does not seem to say anything about any interview with the family of the deceased. The deceased has a livingmother and maybe siblings. The report should not have concentrated only on the accused’s side. The county probation officer Mr. Munyasya knows very well what a report like this should contain.

5. I have considered the circumstances of this case. I have also considered the period the accused has been in custody before determination of the case. The period is from 19th November 2015 – 17th December, 2019, which is four (4) years one (1) month.

6. It’s also noted that accused is a 1st offender and is remorseful. However, what he did was uncalled for.

7. I therefore sentence him to serve five (5) years imprisonment.

Orders accordingly.

Delivered, signed & dated this 3rd day of April 2020, in open court at Makueni.

……………………………….

H. I. Ong’udi

Judge