Republic v K M

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KITALE CRIMINAL CASE NO. 10 OF 2017 REPUBLIC …...........................................PROSECUTOR VERSUS K M.....................................................................ACCUSED JUDGMENT 1. The accused, a minor , was accused of murdering one M R on 9/8/2015 at Kolongolo farm within Trans Nzoia County. When the matter came up for plea the accused pleaded guilty both to the charge and the facts. 2. His defence counsel on mitigation explained that the accused was remorseful and regrets murdering his step sister. He asked for leniency and forgiveness. 3. The learned state counsel produced the post Mortem report - Exhibit 1 which showed that the accused had strangled the deceased with a possibility of having defiled her. He prayed that the accused should be sentenced appropriately as there was every evidence that the deceased suffered terribly before she died. 4. I have read the facts on record as well as perused the post moterm report. It is not disputed that at the time of the incident the accused was aged 15 years old. 5. Earlier on I had ordered for a probation report which was filed in court and dated 26 th July 2017. It shows that the accused began experiencing problems immediately her mother died. He was taken by his uncle in Busia but he could disappear severally. When he came back to his father's home, he committed the offence. 6. From the history on record it appears that the accused has had not a pleasant upbringing after the death of her mother. 7. Be it as it may, the acts he committed were heneous and completely unexpected. Having admitted the offence the duty of this court is to met out the appropriate sentence. 8. The relevant section of the law is the children's Act Cap 141 and specifically Section 191 thereof. This section provides several ways of dealing with child offenders. The probation report earlier mentioned indicates that as at now the accused is aged 17 years meaning that he has less than a year to attain the age of majority. This court cant sentence him beyond the age of majority. It is further admitted that the accused has been in custody for the last 2 years. 9. In view of the above observations and the fact that the accused has been in custody for the two years and in line with the mitigation offered by the learned defence counsel I do order that the 2 years period he

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