Republic (ODPP) v Andala [2023] KEHC 19572 (KLR)

Republic (ODPP) v Andala (Criminal Case 12 of 2011) [2023] KEHC 19572 (KLR) (30 June 2023) (Sentence)

Neutral citation: [2023] KEHC 19572 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case 12 of 2011

PJO Otieno, J

June 30, 2023

Between

Republic (Odpp)

Prosecution

and

Patrick Sosio Andala

Accused

Sentence

1. The accused was convicted on plea of guilty for the offence of manslaughter and pursuant to a plea agreement.

2. There has been filed a pre-sentence report which captures the views of the Community, family and the prisoner’s antecedents and training while incarcerated.

3. It is revealed that the inmate has acquired for himself certificates in peer education, bible studies and life skill in carpentry and joinery.

4. At home front the situation is hostile to his return and have gone the extra mile of depriving him his right to claim a share in the family land on belief that he will be sentenced to life imprisonment.

5. Taking all into account, the goals of sentencing in criminal justice systems and the need to preserve life, the court consider this as an apt case to mete out a sentence that will keep the accused away from harm by way of retaliation while affording him the chance to enhance his livelihood skills learnt in prison.

6. The Court sentences him to serve a prison term of twenty (20) years calculated from the date of his arrest being the December 16, 2010.

7. Upon the termination of the prison term, the accused shall execute a cognizance to keep peace and be of good conduct for a period of five (5) years thereafter. The cognizance must be executed before he departs from prison.

Dated, signed and delivered at Kakamega this 30th day of June 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:-Ms. Chala for the ProsecutionNo appearance for Manyoni for the AccusedCourt Assistant: PolycapHC. Criminal Case No. 12/2011 – Ruling Page | 2