REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO. 47 OF 2008 REPUBLIC …………………………...…..………….STATE COUNSEL VERSUS BENARD MATI KATHAMBA ………….....……….……….ACCUSED SENTECING 1. I have considered the mitigation made by the accused. That he is a first offender. That he is a young man and full of life. That he is remorseful and has a young family depending on him. 2. I have also considered that he has been in custody for close to 10 years. 3 However, I have also taken into consideration the circumstances in which the offence was committed. That the accused savagely attacked the deceased, his blood brother. 4. I have considered the Pre-Sentence Report on record that is positive of the accused. 5. However, in view and the circumstances in which the offence was committed, a deterrent sentence would do. The maximum sentence provided for murder is death. 6. I will sentence the accused to life imprisonment. 14 days Right of Appeal explained. DATED and DELIVERED at MERU this 21st day of MARCH, 2018. A. MABEYA JUDGE 21:03:18 In the presence of:Court Assistant: Boniface Mr. Namiti for state Ms. Nelima for Accused.
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.