REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI HCCR NO. 19 OF 2019 REPUBLIC...................................................PROSECUTION -VERSUSJOSEPH KYENDE MASIKA..............................ACCUSED RULING ON SENTENCE 1. The accused was charged with murder contrary to section 203 as read with section 204 Penal Code which was later reduced to manslaughter contrary to section 202 as read with section 205 Penal Code upon entry of a plea bargain agreement. 2. Upon conviction, the accused through his advocate M/s. Muthiani asked the court for leniency while sentencing him. The record shows that the accused is a nephew to the deceased i.e. the deceased and the accused’s father were brothers. 3. The court called for a detailed social inquiry report which was filed on 18 th November, 2019. The report reveals that the accused has no issues with the family, community and the administration who are ready to receive him back. It has also been revealed that both parents of the accused are alive. Accused is aged 45 years, married with three children. 4. He is said to have changed for the better since his release on bond. Currently, he is under spiritual guidance by Pastor Zacheas Kavoi of CCI – Mumela. 5. The report filed is therefore favourable to him. I hereby place him on probation for three (3) years under the supervision of the Makueni county probation officer. Conditions well explained to the accused. Orders accordingly. Delivered, signed & dated this 20th day of November 2019, in open court at Makueni. ...................................... Hon. H. I. Ong’udi Judge
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.