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Original judgment

High Court 7057 of 2020

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI HCCRC NO. 29 OF 2017 FORMERLY MACHAKOS HCCRC. NO. 84 OF 2015 REPUBLIC.............PROSECUTION -VERSUSNGUI MUTUKU ...........ACCUSED RULING 1. Ngui Mutuku was convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code after a full trial. 2. In mitigation on the accused’s behalf Mr. Hassan told the court that the accused was a family man and had a daughter aged eight (8) years. He is an orphan and his siblings depend on him. That he was remorseful for his actions. 3. The pre-sentencing report filed on 12 th February 2020 shows that the accused and deceased were distant relatives. The accused is a single man and has made peace with the deceased’s mother. Generally, the accused is shown not to be a security risk if released back into society. 4. The report does not seem to say anything about any interview with the family of the deceased. The deceased has a living mother and maybe siblings. The report should not have concentrated only on the accused’s side. The county probation officer Mr. Munyasya knows very well what a report like this should contain. 5. I have considered the circumstances of this case. I have also considered the period the accused has been in custody before determination of the case. The period is from 19th November 2015 – 17th December, 2019, which is four (4) years one (1) month. 6. It’s also noted that accused is a 1st offender and is remorseful. However, what he did was uncalled for. 7. I therefore sentence him to serve five (5) years imprisonment. Orders accordingly. Delivered, signed & dated this 3rd day of April 2020, in open court at Makueni. ………………………………. H. I. Ong’udi Judge

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