[2019] KEHC 6003 (KLR)
The court, after considering the mitigation advanced on behalf of the accused, including his status as a first offender, his remorse, family circumstances, and the fact that he has been in custody for over five years, as well as the victim impact report and the circumstances of the offence, found that the interests...
Source-derived case information.
- Citation
- [2019] KEHC 6003 (KLR)
- Parties
- Respondent: Republic; Defendant: Geoffrey Kimathi Bariu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to five years imprisonment
- Judges
- A Mabeya
- Legal Topics
- Sentencing, Mitigation, First Offender, Victim Impact, Remorse, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Geoffrey Kimathi Bariu
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation presented.
- 2 How should the court weigh the accused's status as a first offender and his period in custody in determining sentence.
Ratio Decidendi
The court, after considering the mitigation advanced on behalf of the accused, including his status as a first offender, his remorse, family circumstances, and the fact that he has been in custody for over five years, as well as the victim impact report and the circumstances of the offence, found that the interests of justice would be served by imposing a custodial sentence of five years. The court also noted that the accused had saved judicial time, which was a factor in mitigation.
Court Disposition
accused sentenced to five years imprisonment
Orders
- The accused is sentenced to five years imprisonment.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO 65 OF 2014
REPUBLIC...........................................PROSECUTOR
VERSUS
GEOFFREY KIMATHI BARIU................ACCUSED
S E N T E N C I N G
1. I have considered the mitigation on behalf of the accused. That he is a first offender. He is a first offender. He is remorseful and a family man. He has little children who depend on him.
2. I have also considered that the accused has been in custody for over 5 years now.
3. I have considered the victim Impact Report dated 04/07/2019. I have taken consideration the victims sentiments in that report and the circumstances in which the offence was committed.
4. Considering all the foregoing that the accused has saved the court precious judicial time, I sentence the accused to five years imprisonment
A. MABEYA
JUDGE
04//07/2019