Republic v Sabuni [2022] KEHC 17277 (KLR)

Republic v Sabuni (Criminal Case E022 of 2021) [2022] KEHC 17277 (KLR) (15 December 2022) (Sentence)

Neutral citation: [2022] KEHC 17277 (KLR)

Republic of Kenya

In the High Court at Nyamira

Criminal Case E022 of 2021

WA Okwany, J

December 15, 2022

Between

Republic

Prosecutor

and

Charles Kemosi Sabuni

Accused

Sentence

1. I have considered the mitigation tendered by Counsel for the accused together with the Probation Officer’s Pre-sentencing Report filed on December 5, 2022. The report reveals that the accused is the sole breadwinner of his family comprising of at least four school-going children.

2. The accused caused the death of his own brother following a scuffle. I note that the accused has been in custody since his arrest as he awaited his trial. I also note that the Pre-sentence Report does not favour a non-custodial sentence owing to the tension in the accused’s family circles.

3. In the circumstances, I sentence the accused to four (4) years imprisonment. The sentence period shall run from the date of his first court appearance being September 6, 2021.

4. Right of appeal against sentence within 14 days from today’s date.

DATED, SIGNED AND DELIVERED AT NYAMIRA THIS 15THDAY OF DECEMBER 2022. W. A. OKWANYJUDGEIn the presence of:Mr. Bwonwong’a for the AccusedMr. Majale for the StateAnita – Court Assistant