[2023] KEHC 1011 (KLR)
The court, after considering the circumstances of the case, the submissions of both parties, the pre-sentence and victim impact reports, and the fact that a knife was used to kill the deceased, determined that a custodial sentence was necessary to discourage acts of violence. The court found that a sentence of five...
Source-derived case information.
- Citation
- [2023] KEHC 1011 (KLR)
- Parties
- Applicant: Republic; Defendant: Nicholuls Mbithi Yulu
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 77 of 2017
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to five years imprisonment for manslaughter.
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Sentencing Principles, Use of Deadly Weapon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Nicholuls Mbithi Yulu
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence for manslaughter involving use of a knife.
Ratio Decidendi
The court, after considering the circumstances of the case, the submissions of both parties, the pre-sentence and victim impact reports, and the fact that a knife was used to kill the deceased, determined that a custodial sentence was necessary to discourage acts of violence. The court found that a sentence of five years imprisonment was appropriate for the offence of manslaughter in these circumstances.
Court Disposition
Accused sentenced to five years imprisonment for manslaughter.
Orders
- The accused is sentenced to five (5) years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Yulu (Criminal Case 77 of 2017) [2023] KEHC 1011 (KLR) (21 February 2023) (Sentence)
Neutral citation: [2023] KEHC 1011 (KLR)
Republic of Kenya
In the High Court at Makueni
Criminal Case 77 of 2017
GMA Dulu, J
February 21, 2023
Between
Republic
Prosecution
and
Nicholuls Mbithi Yulu
Accused
Sentence
1. The accused person herein has been convicted of lesser offence of manslaughter after a trial for the offence of murder.
2. The accused person’s counsel has asked for a non-custodial sentence. The Prosecuting Counsel however felt that the victim’s family was against reconciliation.
3. A pre-sentence report and a victim impact report were filed, both of which I have perused and considered.
4. Having taken into account the circumstances of the case, the submissions on both sides, and the reports filed, and the fact that a knife was used to kill the deceased, and in order to discourage acts of violence, I sentence the accused person to five (5) years imprisonment.
DELIVERED, SIGNED & DATED THIS 21ST DAY OF FEBRUARY, 2023, IN OPEN COURT AT MAKUENI.…………………………………George DuluJudge