REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MAKUENI HCCRC. NO.18 OF 2020 REPUBLIC.................................................................PROSECUTION VERSUS JOSEPHAT MUIA MAWEU ............................................ACCUSED RULING ON SENTENCE 1. The accused person herein who was initially charged with murder was convicted of manslaughter after a plea bargaining agreement was signed with the State. 2. The learned defence counsel Mr. Kioko has asked that he be given a non-custodial sentence as he is a young man who acted to protect his sister. 3. The accused is a first offender and is a young man. I have perused and considered the pre-sentence report in which a non-custodial sentence is proposed. It is proposed that he be put on probation. 4. The force used is however in my view excessive, and a life has been lost. 5. I sentence the accused to one (1) year imprisonment. DELIVERED, SIGNED & DATED THIS 7TH DAY OF OCTOBER 2021, IN OPEN COURT AT MAKUENI. .............................. GEORGE DULU JUDGE
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