REPUBLIC OF KENYA High Court at Machakos Criminal Case 44 of 2009 REPUBLIC VERSUS RAPHAEL KIOKO MUASYA …..………….………….…….…......… ACCUSED SENTENCE I have considered the circumstances of the case and the mitigating factors. Both the accused and the deceased were under the influence of alcohol when the incident occurred, which resulted in death of the deceased. The deceased provoked a situation by hitting the accused with a radio cassette player. The deceased was also abusive to the accused. The accused is a first offender. He is aged about 32 years. He has been in custody since 2009. He has pleaded guilty and has not wasted more of the court’s time. On the other hand, a life has been lost. The weapon and force used by the accused indicate that the attack on the deceased was vicious. An axe is not an ordinary item to be used in attacking somebody. Weighing all the facts and circumstances, I sentence the accused to serve five (5) years imprisonment. He may appeal within 14 days. Dated at Machakos this 7th day of December 2012. George Dulu Judge In presence of:Ms. Kwamboka for State Mr Konya for Accused Mutinda – Court clerk
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.