Republic v Kiprotich Hillary Kitur [2022] KEHC 1042 (KLR)

REPUBLIC OF KENYA

HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO. 20 OF 2017

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

-    V E R S U S  -

KIPROTICH HILLARY KITUR..............................................................................ACCUSED

S E N T E N C E

1.    The Accused Person was charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2.    After conducting the trial, the charge was reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code.

3.    In mitigation, the Learned Counsel for the Accused Person told the Court that the Accused Person is remorseful for the offence.

4.    Further that the Accused Person has sought forgiveness from the family of the deceased who was his Uncle and they have forgiven him.

5.    The Probation Officer filed a Pre-sentence Report dated 19/11/2021 detailing the social background of the Accused Person.

6.    According to the Report, the Accused Person dropped out of school in 2016 due to lack of school fees and he started abusing alcohol.

7.   The Report also stated that there Exits no previous criminal records in the family of the Accused Person and there are no anti-social tendencies to correlate with the crime he committed.

8.    The Offence was deduced to Manslaughter.  However, the offence of Manslaughter calls for a sentence of life imprisonment.

9.    The Accused Person terminated an innocent life and a deterrent sentence is deserved to serve as a warning to anyone who may be tempted to emulate him.

10.  The Accused Person is accordingly sentence to 20 (twenty Years imprisonment.

11.  The period of five years the Accused Person has been in custody since 10/8/2017 to be deducted from the term of Twenty (20) ears imprisonment.

12.  For avoidance of doubt, the sentence to start running from the date the Accused Person was first remanded in custody on 10/8/2017 and not the date of this sentence.

Right of Appeal 14 days (Explained).

DELIVERED, DATED AND SIGNED AT KERICHO THIS 4TH DAY OF MARCH, 2022.

A. N. ONGERI

JUDGE