REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE 12 OF 2009 REPUBLIC VERSUS JAMES MUSAU KAKUI ………………………….………....… ACCUSED SENTENCE I have considered the circumstances of this case, the mitigating factors and the Probation Officer’s report. The deceased was drunk. He was the aggressor. He beat up the employee of the accused for no apparent reason. The accused intervened and only used fists. It was unfortunate that the deceased fell and was hit by the pavement. Accused is a first offender. He is remorseful. The Probation Report recommends a non-custodial sentence. The accused has been in custody since 2009. In my view, the period the accused has been in custody is enough punishment. I order that he be discharged and released, unless otherwise lawfully held. Dated and delivered at Machakos this 12th day of October 2012. George Dulu Judge In presence of:Mr Mukofu for State Accused present in person Mr Kimeu J.M 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.