Republic v Limangura [2024] KEHC 15514 (KLR)

Republic v Limangura (Criminal Case E035 of 2023) [2024] KEHC 15514 (KLR) (4 December 2024) (Sentence)

Neutral citation: [2024] KEHC 15514 (KLR)

Republic of Kenya

In the High Court at Migori

Criminal Case E035 of 2023

A. Ong’injo, J

December 4, 2024

Between

Republic

Prosecutor

and

Titus Kukat Limangura

Accused

Sentence

1. The accused person Titus Kukat Limangura is charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.

2. The particulars are that Titus Kukat Limangura on the 2nd day of November, 2023 at Rongo University in Rongo Sub County within Migori County in the Republic of Kenya murdered Abel Pchumba.

3. The accused person pleaded guilty to the offence of manslaughter. By the time of plea bargain agreement 5 witnesses had testified and the called for pre-sentence Report which was filed on 3. 9.2024 by Mr. Mokaya Probation Officer.

4. The Report established that the accused who was brought up by his grandmother and uncle after being abandoned by his parents who separated has suffered several indiscipline incidents right from school where he was expelled before he did his form 4 examinations and joined Rongo University where he was 3rd year student at the time that he stabbed his friend at a pub during a drinking spree.

5. It was established that the family of the deceased are still bitter at the loss of their kin whom they were looking forwarding to graduate and help the family as he was a bright student.

6. The victim’s family is against the accused person being placed on non- custodial sentence and have threatened to revenge.

7. It has also been indicated that at one point the accused who has alcoholic behavior cohabited with someone’s wife and threatened the husband to the said lady. Even the community Administrators are opposed to accused being released on non – custodial sentence as it may spark inter clan conflicts.

8. In mitigation Mr. Achola Advocate for the accused said he did not have the intention to kill the deceased as he was under influence of alcohol. Mr. Achola said the accused was remorseful and that he was a young man in his 20’s and a 3rd year student at Rongo University if given custodial sentence his studies will be prejudiced as he was Government sponsored student. It was further said that the family of the accused and the deceased persons family had meetings geared towards reconciliation.

9. It is true that the accused is a young man who is full of life ahead of him but it is equally true that the deceased was a very young man with a bright future and his family / relatives had expectations which were cut short because of the accused persons reckless actions.

10. The accused person deserves commensurate punishment which this court quantifies at 10 years jail term. The last 3 years of the said jail term will be served by the accused under probation supervision. Right of Appeal14 days explained to the accused,

DELIVERED DATED AND SIGNED AT MIGORI THIS 4THDAY OF DECEMBER, 2024. ……………………………..A. ONG’INJOJUDGEJudgment delivered in the presence of