REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE 30 OF 2008 REPUBLIC VERSUS HARRISON MAKAU MUTHAMA ……………………………....… ACCUSED SENTENCE I have considered the circumstances of the offence. I have considered that the accused is a first offender. I have considered the mitigating factors and especially that the accused is a first offender. The probation report refers to a family dispute and a grudge on the disposal of land between the accused and the deceased who are step brothers. No discernible reconciliation has taken place between the two houses. I am of the view that a non – custodial sentence is not appropriate. I sentence the accused to serve six (6) years imprisonment. Right of appeal explained. Dated and delivered at Machakos this 5th day of October 2012. George Dulu Judge In presence of:Mrs Gakobo for State N/A for Accused Accused present in person Nyalo – Court clerk
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