REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CRIMINAL CASE NO 63 OF 2011 REPUBLIC .......................................................PROSECUTOR VERSUS JOHNSON KIRIM GITUMA .................................ACCUSED SENTENCING 1. I have considered the matter. The death sentence is hereby set aside in view of the Muruatetu decision. 2. I have considered that the accused is a 1 st offender. That he is remorseful and has asked for forgiveness from the victim’s family. I have considered his age and that he is the only surviving parent of 2 teenage children who need parental guidance and support. 3. I have also considered that a life was lost and the circumstances it was lost. 4. I have considered the victim Impact Report dated 30/10/2019. The same is positive of the accused. 5. I have considered that the accused has been in custody since 2011 and the judiciary principles of sentencing. 6. In the circumstances I sentence the accused to five (5) years. The sentence is to run from 17/12/2015. A. MABEYA JUDGE 31/10/2019
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