REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS H.C.CR.C 1 OF 2008 REPUBLIC.....................................................PROSEC. VERSUS 1. M.W 2. D.N.W............................................. … ACCUSEDS RULING ON SENTENCE 1. I have read the Probation Officer’s Report. Clearly the 1st accused stabbed his father, the deceased. He is 14 years old and the best sentence would be as follows:a. Let the 1st accused be committed to Shimo La Tewa Borstal Institution until he is 17 years of age for rehabilitation. b. As for the 2nd accused, it is her fight with the deceased that triggered the 1 st accused’s actions and she is a person who acted with common intention with the 1st accused. She uttered the words “today we are going to kill each other” to the deceased, expressing her intention. She instigated her son and her husband died. 2. However, I note that she and the deceased were drunk and this may well mitigate the case against her. 3. I note more seriously that the 2nd accused is considered “evil” at home and she is a previous offender with a conviction on assault which she was still serving under Community Service. She is unfit to be released to society now. I hereby sentence her to serve 10 years in prison. 4. The final orders are:- i. 1st accused to serve time at Shimo La Tewa Borstal Institution for 3 years. In the meantime to be remanded in custody at Machakos Police Station. ii. 2nd accused to serve 10 (ten) years in prison. 5. Further order: Community Service Order made in Machakos Chief Magistrate’s Criminal Case 921/06 is revoked. 6. Orders accordingly. Mention on 4/4/2008.
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Dated and delivered at Machakos this 2nd day of April 2008. ISAAC LENAOLA JUDGE
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