Republic v Ashioya (Criminal Case E2489 of 2023) [2025] KEMC 137 (KLR) (3 June 2025) (Sentence)

Republic v Ashioya (Criminal Case E2489 of 2023) [2025] KEMC 137 (KLR) (3 June 2025) (Sentence) Neutral citation: [2025] KEMC 137 (KLR) Republic of Kenya In the Nakuru Law Courts Criminal Case E2489 of 2023 PA Ndege, SPM June 3, 2025 Between Republic Prosecution and Benson Ashioya Accused Sentence 1.The accused person herein, Benson Ashioya,has been convicted upon own plea of guilt of the offence of Incitement to Violence contrary to Section 96 of the [Penal Code](/akn/ke/act/1930/10). He has admitted that on 7/10/2023 at Kamnyangale Shopping Centre Area in Rongai Sub-County within Nakuru County, without lawful excuse, he uttered words ‘piga wao mawe’, which words led the youths to throw stones to police officers No. 22XXXX PC Edwin Koima and NO. 74XXXX PC Benson Mwinzi who were o patrol, an act which was calculated to led to violence. 2.He is a first-time offender as no previous records were furnished by the prosecution. Additionally, he has shown remorse, vowing not to reoffend. He has pleaded guilty and thereby saved the court’s time. Moreover, he has been in remand custody since 12/10/2023. Considering the above factors and the principles of sentencing of proportionality as enshrined in the [Sentencing](https://www.ncaj.go.ke/wp-content/uploads/download-manager-files/UPDATED-SENTENCING-POLICY-GUIDELINES-2023.pdf) [Policy Guidelines of 2023](/akn/ke/act/policy/2023/guidelines), I find the period served in remand to be adequate punishment in the circumstances and consequently do hereby discharge the accused person pursuant to section 35(1) of the [Penal Code](/akn/ke/act/1930/10).14 days Right of Appeal explained **DATED, SIGNED AND DELIVERED AT NAKURU IN OPEN COURT THIS 03.DAY OF JUNE,2025.****ALOYCE-PETER-NDEGE****SENIOR PRINCIPAL MAGISTRATE** In the presence of;Court interpreter- JanetProsecution counsel- MachariaAccused- PresentVictims:N/A *[PC]: Police Constable