REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CRIMINAL CASE NO. E027 OF 2022 REPUBLIC ………………………………….………………..PROSECUTION VERSUS NIYONGERE FRUGENCE …………………………………..2ND ACCUSED SENTENCE The probation officers report has now been furnished to this court. The same speaks of the accused as a law abiding citizen with no criminal past. He is a first offender. In his mitigation in court and also in the pre-sentence report, the accused has expressed remorse for what occurred on the fateful night. This court has also noted that the accused pleaded guilty to the lesser charge of manslaughter upon a plea agreement and so to speak he has saved much judicial time albeit that the case had already taken off and witnesses had started testifying. The Sentencing Policy Guidelines enjoin this court to consider the mitigating and the aggravating circumstances in the sentencing the accused. The aggravating circumstances are that a life was lost and will never come back. It is also evident that the offence was as a result of the accused person having a quick temper. Had HCCR NO. E027 OF 2022 1
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he stopped to think of the repercussions of his conduct a precious life would have been spared. I have carefully considered the circumstances of the offence, the fact that the accused is a first offender, the plea in mitigation and the presentence report. I am not persuaded that non-custodial sentence would serve the ends of justice. It is also evident that the accused person requires to be rehabilitated. In the premises this court shall sentence him to a term of imprisonment for ten (10) years noting that the offence of manslaughter carries a sentence of life imprisonment. In order for the sentence to comply with Section 333(2) of the Criminal Procedure Code, the 3 years and 9 months spent in remand custody shall be deducted from the sentence. Right of Appeal to the Court of Appeal (against the sentence only) is explained. It is so ordered. Sentence signed, dated and delivered in open court on this 28 th Day of July, 2026. E. N. MAINA JUDGE In the presence of: Mr. Masila for the State Mr. Otto Nduva for accused person The accused Miriam - Court Assistant/Interpreter HCCR NO. E027 OF 2022 2
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