[2019] KEHC 9625 (KLR)
The court, after considering the facts of the case, the mitigation offered by the accused, and the fact that both accused are first offenders, determined that a custodial sentence of twenty five years imprisonment for each accused is appropriate and proportionate to the offence committed.
Source-derived case information.
- Citation
- [2019] KEHC 9625 (KLR)
- Parties
- Applicant: Republic; Defendant: Jonathan Mwangangi Mwinzi; Defendant: Kiteng’u Mukiti
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Each accused sentenced to 25 years imprisonment.
- Judges
- GMA Dulu
- Legal Topics
- Sentencing, First Offender Status, Mitigation, Imprisonment Terms
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jonathan Mwangangi Mwinzi
Defendant
Kiteng’u Mukiti
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused persons given the facts and their status as first offenders.
Ratio Decidendi
The court, after considering the facts of the case, the mitigation offered by the accused, and the fact that both accused are first offenders, determined that a custodial sentence of twenty five years imprisonment for each accused is appropriate and proportionate to the offence committed.
Court Disposition
Each accused sentenced to 25 years imprisonment.
Orders
- Each accused to serve twenty five (25) years imprisonment.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 17 OF 2015
REPUBLIC......................................................PROSECUTOR
VERSUS
JONATHAN MWANGANGI MWINZI........1ST ACCUSED
KITENG’U MUKITI.....................................2ND ACCUSED
SENTENCE
Having considered the facts of the case and the mitigation and the fact that the accused are first offenders, I sentence each accused to serve twenty five (25) years imprisonment.
Dated and delivered at Garissa this 28th day of February, 2019.
……….……………………
George Dulu
JUDGE