 He then joined the Kenya Polytechnic and completed his training in the year 2011 where he qualified by being conferred with a diploma in food production. The report says that thereafter, and again this was critical for this court, he moved to Dubai where he received training in tactical military at Dubai Police Academy and by a group known as Ogara Group. A bit of time in our understanding of what the accused person said because he is the one on trial. I will not summarize too much his mitigation and also for the parties to appreciate that I have taken it into consideration in totality. The accused says that he is aware that nothing he says at this stage will relieve the pain of the deceased family and he says the lesser he says the better. He says that he expresses his sadness that such a tragic loss of life on extreme circumstances bordering and this caught my attention. He says that he expresses his sadness that such a tragic and callous loss of life on extreme circumstances bordering on an act of absolute madness that is beyond understanding even to him as he stands there convicted. He says that it is his prayer that the deceased family will find peace and that her soul will rest in internal peace. He says that he understands the terrible fear and pain that the deceased must have and that went in the hands of the perpetrator and he cannot even perceive the same. He joins the victim's family by saying that he does appreciate that monetary compensation cannot relieve the pain of the loss of our loved one. The court has been invited by the accused person to note that by the Supreme Court declaring the mandatory nature of this sentence to be unconstitutional then it opened room and gave this court the discretion to meet out a sentence that is not necessarily death. And the accused then says that in that case and again this was very important to the court and for reading because I come back to it. He says that in that case it is his prayer that the court can meet out a custodial sentence. He says that although the victim's family in their submissions are calling for a death sentence but the father of the victim Bishop Paul Garama was publicly had saying that he will not take vengeance and so the court should consider his views. Finally the accused person invited the court to consider that he is a first offender that he was convicted purely on circumstantial evidence and the period he has spent in custody. That in my considered opinion was the additional evidence given to this court in form of submissions by the parties at the cross of the formal trial. In looking at the goals of punishment and in considering the objectives I made reference to inclusivity and I said that before sentence is meted out the views of the victim at the community are extremely important and so at this stage I want to speak to the pre-sentence report that this court was given. Now I must thank the probation department because they gave me an extremely detailed pre-sentence report. What comes out of that report is this. That the accused person before this court is 33 years old. His parents are alive, he has three siblings who from the report are also alive. It speaks to their permanent place of abode at Guta estate which is just adjacent to NET's Merited Barracks within Nakuru County. It indicates that this accused person completed his secondary school education in the year 2010 and then joined the Kenya Polytechnic and completed his training in the year 2011 where he qualified by being conferred with a diploma in food production. The report says that thereafter and again this was critical for this court he moved to Dubai where he received training in tactical military at Dubai police academy and by a group known as Ogara Group which he says that Ogara Group is a security firm with presence in Dubai, United Kingdom and several European countries and eventually after that training he was licensed to offer private security. The report indicates that at the time he was arrested he was providing security in Kenya mostly to persons in political sector and he was at an advanced stage of registering his own security firm. Outside his training and daily work the report indicates that he is a staunch Christian he has sung, produced several music videos and he was actively involved in charge activities. It is further indicated that when this offence was committed he was in a relationship with one Jacqueline Maribel who was his co-accused and they were planning to formalize their relationship. At the time of the offence they were both residing at Royal Park estate in Langata and they had resided together for over one year. Medical condition the report indicates that he suffers from asthma since childhood and that is usually triggered by colds and dust but is on medication. It is indicated that he has developed now problems and that arose out of a gun incident which we spoke to in the judgment and in this matter but it said that the same is treated by painkillers which gives him relief. On the offence the report says that the accused person maintains his innocence and that he was shocked and depressed to be linked with the murder of the deceased. That he denies knowing the deceased but acknowledges that he knows his brother and it says that he grieves for the family of the deceased for losing her in a good manner. The report indicates that he has good relationship with his family. The sister stood by him throughout the trial they describe him that is his family and again this is important as a social overly generous respectful to authority committed Christian and he believes in innocence although he has he believes in