Case ID:174578

Republic v Cetric Atoti Kusinjiri [2021] eKLR

Case Metadata

Case Number:

Criminal Case 34 of 2017

Parties:

Republic v Cetric Atoti Kusinjiri

Date Delivered:

06 May 2021

Case Class:

Criminal

Court:

High Court at Nakuru

Case Action:

Ruling

Judge(s):

Hilary Kiplagat Chemitei

Citation:

Republic v Cetric Atoti Kusinjiri [2021] eKLR

Court Division:

Criminal

County:

Nakuru

Case Outcome:

Accused sentenced to serve Two (2) years imprisonment

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CRIMINAL CASE NO. 34 OF 2017

REPUBLIC……………………………………….……..PROSECUTOR

VERSUS

CETRIC ATOTI KUSINJIRI.................................................ACCUSED

RULING ON SENTENCING.

1. The accused was charged with the offence of murder which was later reduced to manslaughter under

Section 202 as read with 205 of the Penal Code

2. The particulars of the charge were that on the

9

th

day of July 2017

at Lakeview estate Nakuru town within Nakuru county unlawfully killed

Douglas Muchemi Mathenge

.

3. The accused admitted the charge as well as the statements as read out by the prosecution. The court ordered for a pre-sentencing report which has been availed. The same is positive and is in accord with the mitigation by the accused.

4. What is evident is that the accused fought with the deceased in a drinking dent over a love triangle. There was no evidence that the fight was premeditated. Both the accused and the deceased were armed with knives. As a result of the injury afflicted upon the deceased he was rushed to the hospital for treatment and he unfortunately died on 17

th

July 2017.

5. The accused has been in custody from the time of his arrest and specifically from the date he was arraigned in court on 19

th

July 2017 which is about 4 years.

6. By tint of

Section 333(2) of the Criminal Procedure Code,

the above period is taken into consideration in this ruling.

7. For the foregoing reasons and considering the favourable report by the probation officer filed in court on

4

th

May 2021

, the accused is hereby sentenced to serve

Two (2) years imprisonment from

the date herein.

8. He has a right of appeal.

9.DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 6TH DAY OF MAY 2021.

H K CHEMITEI.

JUDGE.