REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAROK CRIMINAL CASE NO. 7 OF 2018 REPUBLIC............................................... PROSECUTOR VERSUS KENNETH NAPUTA ESHO...........................ACCUSED JUDGEMENT ON SENTENCE 1. I have already convicted the accused for murder. The issue before me is one of imposing the appropriate sentence upon him. In considering the issue, I am required to take into account both the mitigating and aggravating factors. 2. The mitigating factors are as follows. The accused is a first offender. The accused is a young man aged 27 years. He has been in custody since 3rd January 2018, which is now about one and a half years. The accused has two young children, whom he takes care of. 3. The aggravating factors are as follows. A life of a young adult has been lost. The deceased sustained a severe head injury attended by a skull fracture, subdural haematoma, brain laceration and contusion due to a blunt force trauma. The accused abuses alcohol. The family members of the accused and his community are all against a non-custodial sentence. The local governmental administration decided to leave the matter to the discretion of the court. The victim’s family are demanding justice from the court. 4. I have considered all these matters. As a result, I find that the appropriate sentence is one of eighteen years imprisonment, which I hereby impose upon the accused. Judgement dated, signed and delivered at Narok in open court on this 2nd day of July 2019 in the presence of Mr. Omwega for the state and Mr. Meing’ati for the accused. J. M. Bwonwonga Judge 2/7/2019
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