Republic v Lawrence Kipkoech Bett alias Kiploboti [2019] KEHC 7835 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

HIGH COURT CRIMINAL CASE NO. 21 OF 2018

REPUBLIC...............................................................................PROSECUTION

VERSUS

LAWRENCE KIPKOECH BETT alias KIPLOBOTI..................ACCUSED

SENTENCE

1. I have considered the circumstances of the offence, the mitigation presented to court by counsel for the accused and the pre-sentence report filed by the Probation Officer, Kericho.

2. The accused pleaded guilty to the lesser charge of manslaughter through a plea bargain agreement.  He is a first offender, and a relatively young man who is yet unmarried.  He was drunk, so was the deceased.  The pre-sentence report is to the effect that the accused and deceased’s families have reconciled, and propose a non-custodial sentence.

3. In my view, though there is a proposition for a non-custodial sentence from the Probation Officer, such is not appropriate in the circumstances of the case.  Though no weapon was used, the accused used unnecessary physical force on a harmless and defenseless drunken man who only attempted to get shelter in their homestead.  Such crimes of needless violence should be discouraged.

4. I thus sentence the accused to serve 4 years imprisonment.  He may appeal to a higher court on sentence within 14 days from today.

Dated, delivered and signed at Kericho this 30th day of April 2019.

........................

George Dulu

JUDGE