Republic v Kennedy Mongare Okari [2016] KEHC 58 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NYAMIRA

HIGH COURT CRIMINAL CASE NO. 43 OF 2015

REPUBLIC...........................................................................STATE

-VERSUS-

KENNEDY MONGARE OKARI...................................ACCUSED

SENTENCING

The accused  person,  Kennedy  Mongare  Okari was initially  charged with  murder, contrary to Section  203  as read with Section 204  of the  Penal  Code.   The  particulars thereof  were  that  on 30th day  of March, 2013 at Kiamonyinga village Matongo Sub-location Nyamira North  District  within   Nyamira  County  in  the  Republic  of  Kenya murdered EUGINE KJERI OGENDI.

However,   through the   legal   process of plea   bargaining and agreement, the accused person was able to plead a lesser offence of manslaughter on 11/11/2015.

He was found guilty and convicted on the said offence of manslaughter by this court on the said date i.e 11/11/2015.

Facts of the case were stated by the prosecution.

The prosecution does not have a previous criminal records.

Counsel for the accused mitigated for him as follows:

1. Accused is a first offender

2. He regrets the commission of the offence

3. He is related to the deceased

4. He is remorseful.

5. He urged the court to mete out a non-custodial sentence so that he joins his family and society at large.

The courts have called for probation report the same was filed and dated 24/07/2015.

The victim family have forgiven   him. They want peaceful   co­ existence.  The say that the accused suffers from epilepsy accompanied by mild mental disturbance.

The family of the accused reiterated his mental disturbance which runs in their family, they have however, agreed to forgive him. The community at large is willing to forgive him also. The accused has been in remand for about two years.

Accordingly,  this  court  will  sentence the  accused person to  three years  to  non-custodial sentence to  be supervised by the  Probation Officer of his area.

It is so ordered.

Dated this 26th day of January, 2016.

C. B. NAGILLAH

JUDGE

In the presence of:

Nyamwange hold brief for Momanyi for accused

Konga for the State

Mercy Court Clerk.