Republic v Leonard Kipkemoi Koech [2015] KEHC 6043 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA  AT BOMET

HCR NO. 1 OF 2015

REPUBLIC……………………………...……….PROSECUTOR

VERSUS

LEONARD KIPKEMOI KOECH………..……………ACCUSED

RULING ON SENTENCE

The accused person was initially charged with the offence of murder Contrary to Section 203 as read with section 204 of the Penal Code. The charge was later  reduced to Manslaughter after a plea bargaining arrangement.

The circumstances leading to the commission of this offence are clear from the facts presented to the Court.  The offence took place in a bar.  The accused person readily admitted the charge.

The social inquiry report called for by the Court was filed.  A reading of the same shows that the accused’s family and that of the deceased have been working on their traditional rituals. Most important is the fact that the accused person has accepted responsibility. He is a young man aged about 26 years.

The report further shows that the family, community and the administration are ready to receive the accused person back into the community to assist him in the rehabilitation process..

The accused person is hereby warned against indulgence in alcohol which led to his  irrational acts.

I find him suitable for a non-custodial sentence and I sentence him to three (3)  years on Probation for rehabilitation and counseling.

The conditions are clearly spelt out to him.

Dated, signed and delivered this 27th day of February 2015.

H.I ONG’UDI

JUDGE

In the presence of:

M/s Kiptoo for state

Mr.Rono for Mr.Mutai Julius for accused

accused

Langat – Court Assistant