State v Emmanuel Oluoch Ngesa [2020] KEHC 5430 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

CRIMINAL CASE NO. 26 OF 2017

BETWEEN

STATE..................................................................PROSECUTION

VERSUS

EMMANUEL OLUOCH NGESA...............................ACCUSED

SENTENCE

1. I have considered the mitigation by the accused person and his counsel Mr. Oduol.

2. I have also considered the fact that the accused is a first offender and the circumstances under which the offence leading to loss of life was committed.

3. I hereby sentence the accused person to serve five years imprisonment taking into account, the period he has been in remand, calculated from the date of his arrest on 22/10/2017 pursuant to Section 333(2) of the Criminal Procedure Code, proviso thereof.

4. Orders accordingly.

Dated, signed and Delivered at Siaya, this 5th Day of May, 2020.

R.E. ABURILI

JUDGE