Republic v Paul Sila [2022] KEHC 2003 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MAKUENI

HCCRC . NO. 15 OF 2019

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

VERSUS

PAUL SILA..................................................................................................ACCUSED

RULING ON SENTENCE

1. The accused herein was charged with murder and later on plea bargain the charge was reduced to manslaughter contrary to section 205 of the Penal Code to which he pleaded guilty.

2. Before considering sentence this court ordered for and received a pre-sentence report filed by the Probation Officer.

3. I have considered that the accused is a first offender, he pleaded guilty to the charge and thus did not waste the court’s or prosecution’s time, he is a young man in his 20’s. The pre-sentence report recommends a non-custodial sentence.

4. In my view, a non-custodial sentence is not suitable in the circumstances of the case. The accused having been in remand custody since arrest in 2019, I sentence him to serve 3 years imprisonment.

Delivered, Signed & dated this 10th day of February 2022, in open court at Makueni.

....................

George Dulu

Judge