Republic v Simon Mwenda Kaburu [2019] KEHC 8033 (KLR) | Sentencing Principles | Esheria

Republic v Simon Mwenda Kaburu [2019] KEHC 8033 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HIGH COURT CRIMINAL CASE NO 106 OF 2013

REPUBLIC ................................................. DPP

VERSUS

SIMON MWENDA KABURU........ACCUSED

SENTENCING

1. I have considered the mitigation of the accused.

2. He is a first offender, old of 69 years, sole bread winner of his family. He is remorseful and regrets his action. He has been in custody for 6 years now and the Pre-sentence report is positive of him.

3. However, I am alive that the maximum sentence imposed by law is death. A life was lost as a result of a deliberations act of the accused.

4. Considering all the foregoing, I sentence the accused to 10 years imprisonment.

Right of Appeal 14 days.

A. MABEYA

JUDGE

02/05/2019