Republic v Geoffrey Kipkorir Rono [2015] KEHC 6689 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO. 20 OF 2011

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

VERSUS

GEOFFREY KIPKORIR RONO.................................ACCUSED

RULING ON SENTENCE

1. The accused was first arraigned in court on 4th May 2011 charged with the offence of murder.

2. After a plea bargaining arrangement the charge was reduced to Manslaughter to which he was convicted on 18th December, 2014.

3. I do note from the material before me that the accused was born in 1995.  It means he was approximately sixteen (16) years at the time of the offence.  For about four (4) years the accused was in custody and not even the evidence of one witness had ever been taken!

4. He was therefore a minor at the time of the offence.  In spite of the poor upbringing he has a mother, siblings and relatives according to the social inquiry report filed herein.

5. I find him suitable for a non custodial sentence in the circumstances.  He will serve three (3) years on probation.  He should be properly guided by the supervising Probation Officer.  The conditions are fully explained to him.

Dated, signed and delivered in court this 17th day of February, 2015.

…..................

H. ONG'UDI

JUDGE

In the presence of:

M/s Kivali for State

Mr. Kirui for accused

Lagat- court assistant