Republic v Shanton Ochieng Juma [2015] KEHC 8492 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT HOMA BAY

CRIMINAL CASE NO.  1  OF  2012

BETWEEN

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

AND

SHANTON OCHIENG JUMA.....................................ACCUSED

SENTENCE

SHANTON OCHIENG JUMA alias  TITO was originally charged with the murder of LAWRENCE OMONDI  OKUMU on 30th  June 2012 at Kokwanyo East  location, Rachuonyo  District, Homa Bay County. As a result of a plea bargain agreement he accepted to plead guilty to the offence of manslaughter.

The court had the advantage of hearing 2 witnesses and the circumstances were that on the material night the accused was in the company of boys coming from a funeral when they met another group of boys including the deceased.  A quarrel ensued and the accused stabbed the deceased who died.

I have considered the accused personal circumstances.  He is a young man aged 22 years and has a wife and two young children.  He is remorseful and prays for leniency. On the other had the court cannot lose sight of the fact that a life was lost in these unfortunate circumstances.

The accused has been in custody since 4th July 2012 and taking this into account, I sentence him to three and a half years imprisonment.  Such time shall take into account time served while awaiting trial.

DATED and DELIVERED on this 7th day of JULY 2015.

D.S. MAJANJA

JUDGE

Ms Andabwa, Prosecution Counsel, instructed by the Director of Public Prosecutions for the State.

Mr Ongoso  instructed by Ongoso Ayoma Advocates for the accused.