Republic v Peter Mutuma M’luibuta [2022] KEHC 1481 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MERU

CRIMINAL CASE NO. 60 OF 2016

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

VERSUS

PETER MUTUMA M’LUIBUTA.......................................................................ACCUSED

SENTENCE

1. The accused person was charged with murder contrary to section 203 as read with 204 of the Penal Code. The matter then proceeded to full trial after which he was found guilty and convicted accordingly in a judgment dated the 29. 11. 2021. Upon conviction, the court called for a victim impact statement report from the probation office before the accused could be called upon to offer mitigation. The victim impact report returns a favourable recommendation for the accused person to be considered for a non-custodial sentence.

2. In coming to its recommendation the probation office underscores that the interviews had with the children between the deceased and the accused, being the secondary victims of the crime, and other relatives welcome a non-custodial sentence so that the accused may go back home and recover the use of his land currently in the possession of his brother to the exclusion of his children who have been rendered destitutes. The Probation officer also offers to work with the accused towards his integration and settlement back into society if given a non-custodial sentence

3. When called upon to mitigate, the accused persons sought leniency from the court. His counsel urged the court to give regard to his age and his social circumstances as well as the events of the fateful day, that his children had been deprived by an uncle and thus he needs his freedom to help recover his land was stressed

4. In seeking a custodial and deterrent sentence, Mr. Maina for the prosecution pleaded with the court to look at the brutal manner in which the deceased was killed by the husband for no good reason.

5. I have carefully considered the victim impact statement report on the accused person, and the recommendations made therein and the emphasis made on the suffering accused’s children with the deceased have undergone leading to school dropouts and one of them suffering mental illness.

6. Taking into consideration the sentencing guidelines and the objects of criminal justice, the age of the accused, which I consider fairly advanced, as well as the circumstances under which the injuries leading to death were inflicted, the accused is hereby accorded a non-custodial sentence and sentenced to serve a probation term of 3 years.

7. The sentence shall run from the today and the County probation officer shall assign one of his officers at the sub County level to help the accused with reintegration back into society.

DATED SIGNED AND DELIVERED THIS 16TH DAY OF MARCH 2022

Patrick J.O Otieno

Judge

In presence of

Mr. Maina for the prosecution

Mr. Ondieki for the accused

Patrick J.O Otieno

Judge