Republic v Muteti (Criminal Case 06 of 2020) [2023] KEHC 1053 (KLR) (21 February 2023) (Sentence) Neutral citation: [2023] KEHC 1053 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MAKUENI CRIMINAL CASE 06 OF 2020 GMA DULU, J FEBRUARY 21, 2023 BETWEEN REPUBLIC ........................................................................................... PROSECUTION AND JAMES MUTISO MUTETI .......................................................................... ACCUSED SENTENCE 1. I have considered that the accused pleaded guilty to a lesser offence of manslaughter and did not waste this court’s time. He is a first offender and has asked for leniency. 2. The pre-sentence report notes that the accused is a relatively young man of 27 years and accepts responsibility for the offence. The probation officer proposes a non-custodial sentence. 3. I have also considered that the accused person has been in custody since 2020, more than two (2) years now. 4. However, I note that the accused used excessive force in hitting the deceased on the head with a blunt object when there is indication of violence created by the deceased. In my view therefore, a noncustodial sentence is not suitable. 5. After considering all the above factors, I sentence the accused person to twelve (12) months imprisonment. DELIVERED, SIGNED & DATED THIS 21ST DAY OF FEBRUARY, 2023, IN OPEN COURT AT MAKUENI. ........................................ GEORGE DULU JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/1053/eng@2023-02-21 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.