Republic v Nicholas Kipkemoi Ngeno [2014] KEHC 1744 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO. 39 OF 2012

REPUBLIC ………………………………...........................................PROSECUTOR

VERSUS

NICHOLAS KIPKEMOI NGENO………….................................................ACCUSED

RULING ON SENTENCE

The accused was charged with the offence of Murder which was later reduced to Manslaughter after a plea bargaining arrangement.

The circumstances giving rise to this incident are well outlined in the facts. The social inquiry report does not recommend a non-custodial sentence for reasons set out in the said report.

I have considered the accused's mitigation; the social inquiry report; the circumstances giving rise to this incident and accused's stay of two(2) years in custody. I do find a non-custodial sentence not justified at all. He will serve five (5) years imprisonment.

Dated, signed and delivered this 21st day of November, 2014

H.I. ONG'UDI

JUDGE

In the presence of;

M/S Kivali for State

Mr. Maengwe for accused

Accused

Korir – Court Assistant