Republic v EKL [2019] KEHC 3408 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO.20 OF 2018

REPUBLIC......................................................................PROSECUTION

VERSUS

EKL............................................................................................ACCUSED

SENTENCE

1. The subject was found guilty of manslaughter contrary to section 202 as read with section 205 of the Penal Code, after entering into a plea bargain agreement.

2. Being aged less than 18 years, it is not desirable to put him in prison custody.

3. I have considered the pre-bail report, and that the deceased was stabbed with a knife and that this followed a disagreement between the accused and the deceased (both young persons) over the deceased taking the accused’s mobile phone.  The accused is a first offender and is remorseful, but the deceased’s family is yet to come to terms with the death of their beloved member.  I have also been advised that there is a vacancy for this juvenile at Shikutsa Borstal Institution.  I thus sentence EKL by committing him for rehabilitation at Shikutsa Borstal Institution for a period of three (3) years, that is until he attains majority age.

Dated at Kericho this 28th day of October 2019.

George Dulu

JUDGE