Republic v Kennedy Ochieng Miruka [2017] KEHC 1837 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CRIMINAL CASE NO 16 OF 2015

LESIIT J

REPUBLIC…………………………………………….PROSECUTOR

VERSUS

KENNEDY OCHIENG MIRUKA ………………..……......ACCUSED

RULING ON SENTENCE

1. The accused had been charged with murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya.

2. On the 4th day of April, 2017 the state and the accused recorded a plea agreement where the accused pleaded guilty to the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.Under section 205 of the Penal Code a person convicted of manslaughter is liable to imprisonment for life.

3. I have considered the circumstances of the case. That the accused and deceased were cousins who lived together. I have considered that the accused hit the deceased on the head after the latter declined to accept accused offer to buy him beer.  I also considered that the deceased declined to be taken to hospital and in the night he succumbed to injuries sustained. I have considered that the accused took himself to the police where he reported the matter. I considered also that at the time of this incident the accused was drunk.

4. I have considered that the accused was treated as a first offender by the prosecution.

5. I have considered the mitigation given by Mr Olando the defence counsel on behalf of the accused which is:

a)  that the accused was a first time offender

b)  the accused is 38 years of age and a father of two children and was the sole breadwinner

c)   the accused was remorseful for the offence

d) The accused had undergone training while in prison and attained certificates which I have considered.  They are commendable.

6. I have considered the accused has been in remand since 9th September, 2015 a period of 1 year and 6 months to date.

7.  Having considered all this factors, I sentence the accused person to 8 years imprisonment from the date of his arraignment in court.

DATED, SIGNED AND DELIVERED THIS 6th DAY OF APRIL, 2017.

LESIIT, J

JUDGE