REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS Criminal Case 16 of 2004 REPUBLIC ………………………………....................................................…………… PROSECUTOR VERSUS PETER KIMONDIU MUTUNGI ………....................................................………………….. ACCUSED 13.6.06 Coram D.A. Onyancha ,J Advocate for accused- Sila Principal State Counsel- Mr. O’mirera CC-Mueni SENTENCE Accused fatally assaulted deceased with a panga after a quarrel in deceased’s house where accused had visited, apparently while being drunk. He is the one who picked the quarrel. He may have been unhappy about deceased behaviour while her husband, who was accused’s brother, was absent. But he had no excuse to cut the deceased on the head with a panga. Drinking was not an excuse for him to commit the offence. He is however regretful and has been in remand just over 5 years. He prays for leniency. It is difficulty to excuse a person who uses a sharp weapon like a panga. Considering all mitigating factors including the long period in remand, it is the court’s decision that he should go to jail for 15 (fifteen months. It is so ordered. D.A. ONYANCHA JUDGE 13.6.06
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