REPUBLIC V CHARLES AJODE ADEMBE& ANOTHER [2013] KEHC 2656 (KLR)

REPUBLIC OF KENYA

High Court at Kisumu

Murder Case 30 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]

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

VERSUS

CHARLES AJODE ADEMBE.......................................1st ACCUSED

BENARD OCHIENG AJODE …...................................2nd ACCUSED

JUDGMENT

Both accused persons are charged with the offence of manslaughter. The particulars are that on the 2nd day of May 2012 at Kibigori Sub location, Nyando District within Nyanza Province unlawfully killed one George Ouma Juma.

The State had earlier own charged them with the offence of murder. Both accused persons are father and son respectively.

The facts were that both the accused persons on the material day were heading to the shamba to farm. They were carrying a panga, jembe and wooden blanks. They decided to go to the home of one Benta who had been inherited by the deceased.

While in Benta's house an argument arose over the boundary issue which had been simmering between the two families and which had not been resolved. The accused persons attacked the deceased who succumbed to the injuries while being rushed to Chemelil Hospital.

The above facts were admitted by the accused persons. The probation report which is on record showed that the 2nd accused who is aged fifteen (15) years old is a student at Kibigori Primary School in class eight (8).

The 1st accused is a peasant farmer. Both reports are favouarble to the accused persons.

From the facts read in court and admitted by the accused persons it is evidently clear that there was a long standing dispute between the accused and the deceased or one Benta. However I do not find any sufficient reason why the accused persons and in particular the 1st accused decided to go through the house of Benta on the material morning. Obviously, he knew that there was a problem of land between him and Benta and by extension the deceased. I do find that this was an act of provocation.

Beside both of them were armed with a jembe, panga and wooden blank.

Although the probation reports are favourable to both parties the 1st accused who was mature ought to have conducted himself in a mature and in a civil manner and not to provoke Benta and the deceased.

For the above reasons I shall make the following orders:-

(a)The 1st accused Charles Ajode Adembe shall serve a custodial  sentence of five (5) years.

(b)The 2nd accused Bernard Ochieng Ajode shall serve a probation  period of  two (2) years. The same to be supervised by the Probation        Office Kisumu East.

Orders accordingly.

Dated, signed and delivered at Kisumu this 7th day of May 2013.

H.K. CHEMITEI

JUDGE

In the presence of:

…...................................for State

…...................................for the Accused

HKC/aao

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