Republic v Francis Kitiyia Nairenke [2018] KEHC 1109 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISII

CRIMINAL CASE NO. 8 OF 2017

REPUBLIC..................................................PROSECUTOR

VERSUS

FRANCIS KITIYIA NAIRENKE............................ACCUSED

RULING ON SENTENCE

The accused, FRANCIS KITIYIA NAIRENKE has been convicted of the murder of JOHN NAKUTOI LOKOMAR which took place on 29th April 2017 at Enaigeny Sub-location, Transmara West Sub-County within Narok County.

The accused accosted the deceased who although he had surrendered, proceeded to cut off the deceased’s hands causing him to bleed and die.

I have taken into account that the accused assaulted a defendless person which is a grave factor.  On the other hand the accused is young, has expressed leniency and seeks a non custodial sentence.

To my mind given the seriousness of the murder, a non custodial sentence is out of the question.  I sentence the accused to fifteen (15) years imprisonment.  Right of Appeal explained.

Dated and delivered at Kisii this 3rdday of December 2018.

D.S MAJANJA

JUDGE

Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.

Mr. Nyangacha Advocate, for the accused.