Republic v Antony Kipchirchir Langat Alias James Njoroge Wanjiru [2015] KEHC 651 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CRIMINAL CASE NO. 36 OF 2011

LESIIT, J.

REPUBLIC ..............................................................................................................….. PROSECUTION

VERSUS

ANTONY KIPCHIRCHIR LANGAT Alias JAMES NJOROGE WANJIRU......................... ACCUSED

RULING IN SENTENCE

The accused was convicted of the offence of manslaughter contrary tosection 202of the Penal Code.  This offence causes a maximum sentence of life imprisonment.

I have considered that the accused was arraigned in court on 29th April 2011 and that he has been in custody during the pendency of this trial since then, 4½ years.

I have considered the mitigation given by the defence counsel on behalf of the accused.  I have considered he says that he is remorseful for this offence and his age of 37 years of age.

I have considered the circumstances of the offence.  The accused and deceased lived together as man and wife and both were drunk at the time of the offence.

The court having considered all these factors and the circumstances of the offence finds that the most suitable sentence will be a term of imprisonment to enable the accused reflect on his life and reform through guidance to be organised by the Prison Services.

The accused is sentenced to imprisonment term of 2½ years.

Right of appeal explained.

DATED AT NAIROBI THIS 14TH DAY OF DECEMBER, 2015.

LESIIT, J.

JUDGE.