Republic v Wesonga [2023] KEHC 25119 (KLR)

Republic v Wesonga (Criminal Case 30 of 2018) [2023] KEHC 25119 (KLR) (2 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25119 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 30 of 2018

A. Ong’injo, J

November 2, 2023

Between

Republic

Prosecutor

and

Melton Martin Wesonga

Accused

Sentence

1. This Court has considered the Victim Impact Statement and the Pre-Sentence Report and the accused person’s mitigation and find that it is his son Victor and his brother in-law who physically inflicted injuries that led to the death of the deceased. It is indicated in the reports that the real perpetrators are still at large and have not been arrested and prosecuted.

2. The accused was arraigned in court on June 20, 2018 and released on bond on July 27, 2018. In consideration of his advanced age at 72 years and in consideration that he was a stander-by when his son & brother-in-law beat the deceased for invading his wife’s residence while he was drunk this court finds that he should benefit from non-custodial sentence. Accused is placed on probation for 3 years.

3. Right of Appeal – 14 days explained.

DATED, SIGNED AND DELIVERED IN OPEN COURT THIS 02nd DAY OF NOVEMBER 2023. HON. LADY JUSTICE A. ONG’INJOJUDGE