REPUBLIC v PATRICK MUTETI KIOKO, TITUS MBATHA KIOKO, PIUS MUNYAO KIOKO & COSMAS MALULA KIOKO [2006] KEHC 1706 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Case 28 of 2004

REPUBLIC………………………….………........................................……………PROSECUTOR

VERSUS

1.   PATRICK MUTETI  KIOKO

2.   TITUS MBATHA KIOKO

3.   PIUS MUNYAO KIOKO

4.  COSMAS MALULAKIOKO…………….................................................……………..ACCUSED

13. 6.2006.

Coram

D.A.Onyancha, J

Advocate for all accused-Matata

Principal State Counsel – Omirera

CC-Mueni

SENTENCE

Accused are brothers.  They fatally assaulted the deceased who was their worker for failing to take cattle for grazing.  They each regret the offence.  They are first offenders.  They pray for leniency.  They have been in remand over four years.  They do not show the reason and none is apparent as to why they had to so seriously assault deceased merely for failing to report on duty.  They had a ground to dismiss him only, not to assault him.  They however regret their conduct and have been in remand for 4 years for 1st and 2nd accused and 5 years for 3rd and 4th accused, which this court takes into account.  Taking the mitigating factors into account, it’s the view of the court that the 1st and 2nd accused will serve a jail sentence of nine months and 3rd and 4th accused a jail sentence of twelve months.

It is so ordered.

D.A. ONYANCHA

JUDGE

13/6/06