Republic v Piru (Criminal Case E003 of 2022) [2024] KEHC 3134 (KLR) (12 March 2024) (Sentence) Neutral citation: [2024] KEHC 3134 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE E003 OF 2022 ACA ONG’INJO, J MARCH 12, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND MANGALE MWERO PIRU ........................................................................ ACCUSED SENTENCE 1. The accused Mangale Mwero Piru faces a charge of murder contrary to Section 203 as read together with Section 204 of the Penal Code. 2. Particulars of the ofience are that Mangale Mwero Piru on 23rd day of September 2021 at Mkuduru B village, Dzombo Location in Lungalunga Sub County within Kwale County murdered Mwero Piru Nyawa. 3. The accused was found guilty of the ofience of murder and convicted. Upon conviction, the accused person’s advocate mitigated on his behalf and said that the accused person was a young man and remorseful for what happened. Ms. Nzamba Advocate requested that court passes reasonable sentence. 4. The Victim Impact Statement Report prepared by Mr. Stephen Muthoka, the Senior Probation Officer dated 11th March and filed on the same day indicated that the deceased was the biological father of the accused and that the duo are said to have had issues which were catalyzed by the accused’s involvement in drugs. That the victims left back in the community are still bitter of the acts and do not wish to pursue any reconciliation at the moment and wish that the court deals with the matter conclusively. The report recommended that in light of the above, this court exercises its discretion. 5. This court has considered the accused person’s mitigation, the circumstances of this case and the Victim Impact Statement. However, the manner in which the ofience was committed particularly the fact that a panga was used to inflict fatal injuries and the fact that this ofience was premeditated makes this court find that a deterrent sentence that mirrors the seriousness of the ofience is called for. Such https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/3134/eng@2024-03-12 1
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sentence can only be custodial sentence. This court therefore sentences the accused to serve 30 years in prison. The sentence to run from 10th January 2022 when the accused was first arraigned in court. Right of appeal within 14 days explained. DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 12TH DAY OF MARCH 2024 HON. LADY JUSTICE A. ONG’INJO JUDGE In the presence of: Etropia- Court Assistant Mr. Ngiri for the State Ms. Nzamba Advocate for the Accused Accused present in person HON. LADY JUSTICE A. ONG’INJO JUDGE Court: Copies of Proceedings, Judgment and Sentence to be supplied to state and defence. HON. LADY JUSTICE A. ONG’INJO JUDGE 12.3.2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/3134/eng@2024-03-12 2
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