[2024] KEHC 1941 (KLR)
The court found that the accused, having been in custody for over five years since 18 September 2018, had served a substantial period. The relatives of the deceased declined to participate in the Victim Impact Statement process. Considering these factors, the court determined that further incarceration would be...
Source-derived case information.
- Citation
- [2024] KEHC 1941 (KLR)
- Parties
- Applicant: Republic; Defendant: Mwarua Daniel Musa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2018
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- The accused is placed on probation for three years.
- Judges
- A. Ong’injo
- Legal Topics
- Manslaughter, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mwarua Daniel Musa
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to further incarceration or placed on probation after being found guilty of manslaughter.
- 2 Whether the period already spent in custody should be considered in sentencing.
Ratio Decidendi
The court found that the accused, having been in custody for over five years since 18 September 2018, had served a substantial period. The relatives of the deceased declined to participate in the Victim Impact Statement process. Considering these factors, the court determined that further incarceration would be inexpedient and instead placed the accused on probation for three years. The decision was guided by the need for proportionality in sentencing and recognition of time already served.
Court Disposition
The accused is placed on probation for three years.
Orders
- The accused is placed on probation for three years.
- Right of appeal within 14 days explained.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Musa (Criminal Case 44 of 2018) [2024] KEHC 1941 (KLR) (28 February 2024) (Sentence)
Neutral citation: [2024] KEHC 1941 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 44 of 2018
A. Ong’injo, J
February 28, 2024
Between
Republic
Prosecutor
and
Mwarua Daniel Musa
Accused
Sentence
1. The accused person was arraigned in court for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code on 18th September 2018. He was however found guilty for the offence of manslaughter.
2. This court called for Victim Impact Statement but relatives of the deceased declined to be interviewed. Considering the accused has been in custody since 18/9/2018 for 5 years 5 months and 10 days this court finds that it is inexpedient to subject him to further incarceration. He is placed on Probation for 3 years.
3. Right of Appeal 14 days explained.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 28TH DAY OF FEBRUARY 2024HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of: -Etropia - Court AssistantMr. Ngiri for StateAccused – Present in personMr. Bosire Advocate for Accused – Ms. Kerubo Advocate hold briefHON. LADY JUSTICE A. ONG’INJOJUDGEFEBRUARY 28, 2024Ms. KeruboI have been supplied with Victim Impact Statement.HON. LADY JUSTICE A. ONG’INJOJUDGEFEBRUARY 28, 2024