Republic v Nyachiro [2022] KEHC 18070 (KLR)

Republic v Nyachiro (Criminal Case E012 of 2022) [2022] KEHC 18070 (KLR) (15 December 2022) (Sentence)

Neutral citation: [2022] KEHC 18070 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Case E012 of 2022

WA Okwany, J

December 15, 2022

Between

The Republic

Prosecutor

and

Stephen Nyachiro

Accused

Sentence

1. I have considered the mitigation presented by Counsel for the accused and the Probation Officer’s Pre-sentence Report filed on November 28, 2022.

2. The accused/offender is a 17-year old high school student. He killed his own younger brother following a scuffle. He is remorseful and he is a first offender.

3. The Pre-sentence Report favours a non-custodial sentence so that the accused/offender can complete his studies.

4. I have taken into account the circumstances of the offence and I find that a non-custodial sentence would be an appropriate punishment for the accused/offender.

5. Consequently, I sentence him to three (3) years’ Probation. The Probation Officer shall file a report in court at the end of the three years’ Probation.

DATED, SIGNED AND DELIVERED AT NYAMIRA THIS 15THDAY OF DECEMBER 2022. W. A. OKWANYJUDGEIn the presence of:Ms. Shilwatso for the Accused/OffenderMr. Majale for the StateAnita – Court Assistant