Republic v Patrick Mungathia [2018] KEHC 5523 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HIGH COURT CRIMINAL CASE NO. 20 OF 2015

REPUBLIC.....................................................................................PROSECUTOR

VERSUS

PATRICK MUNGATHIA......................................................................ACCUSED

S E N T E N C E

1.  I have considered the mitigation made on behalf of the accused. He is a first offender and remorseful.

2. I have also considered the pre-sentence report which is positive and that he has been in custody for 3 years.

3. I have considered the circumstances of the offence, that the accused was not only provoked but he was first assaulted by the deceased.

4. Taking into considerations all the foregoing, I sentence the accused to 3 years probation under the County Director Probation, Meru.

A. MABEYA

JUDGE

16:07:18