Caselaw

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL DIVISION HIGH COURT CRIMINAL CASE NO. 3 OF 2019 REPUBLIC.......................................................................................PROSECUTOR VERSUS JUDY AOKO OTHWELE...............................................................1 ST ACCUSED DIANAH ADHIAMBO ONYANGO...............................................2 ND ACCUSED SENTENCE The convicts were initially charged with the murder of the deceased who was a son of the 1 st accused and a brother of the 2nd accused. The charges were then through plea bargaining agreement reduced to manslaughter to which they pleaded guilty and were duly convicted. I called for pre-sentencing report on both accused persons which has recommended for a non-custodial sentence for purposes of rehabilitation, reintegration and resettlement. The fact that the accused persons were responsible for the death of their close kin, a fact which they will live with for the rest of their lives is punitive enough. One of the objectives of sentencing is rehabilitation to enable the offender reform from criminal disposition which I am of the considered view will be achieved herein. I therefore sentence both accused persons to a probation period of three (3) years during which they shall be rehabilitated and counseled to enable them be good citizens of the Republic of Kenya and it is ordered. Dated, Signed and Delivered at Nairobi this 21st day of January, 2020. ......................... J. WAKIAGA JUDGE In the presence Mr. Okeyo for the state Mr. Njuguna for the accused persons Karwitha court clerk Both accused persons present