Republic v Musa (Criminal Case 44 of 2018) [2024] KEHC 1941 (KLR) (28 February 2024) (Sentence) Neutral citation: [2024] KEHC 1941 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE 44 OF 2018 ACA ONG’INJO, J FEBRUARY 28, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND MWARUA DANIEL MUSA ......................................................................... ACCUSED SENTENCE 1. The accused person was arraigned in court for the ofience of murder contrary to Section 203 as read with Section 204 of the Penal Code on 18th September 2018. He was however found guilty for the ofience of manslaughter. 2. This court called for Victim Impact Statement but relatives of the deceased declined to be interviewed. Considering the accused has been in custody since 18/9/2018 for 5 years 5 months and 10 days this court finds that it is inexpedient to subject him to further incarceration. He is placed on Probation for 3 years. 3. Right of Appeal 14 days explained. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 28TH DAY OF FEBRUARY 2024 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of: Etropia - Court Assistant Mr. Ngiri for State Accused – Present in person https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1941/eng@2024-02-28 1
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Mr. Bosire Advocate for Accused – Ms. Kerubo Advocate hold brief HON. LADY JUSTICE A. ONG’INJO JUDGE FEBRUARY 28, 2024 Ms. Kerubo I have been supplied with Victim Impact Statement. HON. LADY JUSTICE A. ONG’INJO JUDGE FEBRUARY 28, 2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1941/eng@2024-02-28 2
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