Republic v Pao & 1 other

Republic v PAO (Criminal Case 53 of 2017) [2024] KEHC 11413 (KLR) (20 September 2024) (Sentence) Neutral citation: [2024] KEHC 11413 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA CRIMINAL CASE 53 OF 2017 MN MWANGI, J SEPTEMBER 20, 2024 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND PAO ................................................................................................................. ACCUSED SENTENCE 1. I have considered the mitigation proffered by the accused person. She has said that she is remorseful for the offence she committed. She prays for a non-custodial sentence, and if that is not possible, she prays for a lenient custodial sentence. 2. The pre-sentence report shows that the accused person has been receiving treatment for HIV when in prison remand. That she has 2 children who are being taken care of by their grandfather. Her father is said to be an elderly man and also sickly. 3. In sentencing of an offender, the Court is required to not only take the interest of the accused person into consideration, but also take into account that the deceased died because of the actions of the accused person. 4. I have noted that the accused person has been unwell and may benefit from better treatment available in public hospitals if she is given a non-custodial sentence. 5. The accused person has been in prison remand for 6 years and 9 months. I regard that as being part of her custodial sentence already served. 6. In addition to the 6 years and 9 months that she has been in remand, the accused person will serve probation for 2 years. She will report to the Mombasa County Probation Office upon being released from prison so that she can be referred to the Probation Office in Siaya County. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/11413/eng@2024-09-20 1

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