Republic v Kelvin Kiprono Terer [2020] KEHC 5941 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO.4 OF 2019

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

VERSUS

KELVIN KIPRONO TERER......ACCUSED

SENTENCE

1. The accused herein has been convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code after entering into a plea bargaining agreement with the State.

2. In mitigation, Mr. sang for the accused informed the court that the accused was a young man of 22 years, was single and remorseful and was a student at Makire Polytechnic.  Counsel emphasized that the accused was remorseful and had asked for leniency and urged the court to consider this.

3. Mr. Ayodo for the State on his part asked the court to treat the accused as a first offender.

4. I have considered the mitigation put forward to me above, and also note that the accused did not waste the court’s time by pleading guilty to manslaughter.  I note that the accused used a sharp weapon to attack the deceased thus violently causing the loss of a precious life.  I thus sentence the accused to serve 8 years imprisonment.

Dated this 30th day of April 2020.

GEORGE DULU

JUDGE

Delivered through video conferencing in the presence of Mr. Langat court assistant, Mr. Musyoka ICT officer, Ms Fundi prosecuting counsel and the accused.