Republic v Nocholas [2023] KEHC 25334 (KLR)

Republic v Nocholas (Criminal Case E055 of 2022) [2023] KEHC 25334 (KLR) (15 November 2023) (Ruling)

Neutral citation: [2023] KEHC 25334 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case E055 of 2022

HI Ong'udi, J

November 15, 2023

Between

Republic

Prosecutor

and

Gideon Kibet Korir Alias Nocholas

Accused

Ruling

1. The accused person Gideon Kibet Korir alias Nicholas first appeared before this Court on November 2, 2022 charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code.

2. Through a plea-bargaining process the charge was on July 24, 2023 reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code.

3. Plea was taken and facts read to the accused on the same date. He admitted them and was convicted on a plea of guilty.

4. A pre-sentencing report dated August 4, 2023 was filed by the probation office on October 3, 2023.

5. The report shows that the family members especially the accused’s elder brother and uncle are still bitter after the brutal murder of the deceased. They don’t believe that the accused acted in self-defence.

6. The community administration through the Chief Richard Siglai recommends a non-custodial sentence which he will supervise. He will also oversee reconciliation processes undertaken in line with the Kalenjin tradition once the accused is released from custody.

7. The report advocates for probation after considering the circumstances of the offence, the accused’s age (23 years) and his past character.

8. It’s clear from the facts that the deceased was the accused’s father. On the material night there was a disagreement between the deceased and accused over food. The deceased reached out for a panga and the accused reacted injuring his father. This should never have been allowed to take place in the first instance.

9. What the accused’s elder brother and uncle are experiencing is understandable. Considering the accused’s age and as recommended by the Local Chief and Probation Officer, I find it prudent to grant the accused a second chance. He needs to reform and live with others in a more social way.

10. He has been in remand custody for a year now. I therefore place him on probation for three (3) years. During this period the following should be complied with:i.The Probation office to work together with the local chief Mr. Richard Silgai to reconcile the family members within the first six (6) months of the probation.ii.The accused to keep off alcohol at all costs.iii.The probation office to file a progress report before this court within 12 months. Mention for that purpose on November 27, 2024. iv.If the accused is convicted of any criminal offence within the first twelve (12) months of thev.probation period, the probation order will be set aside for him to serve the remaining period in prison.

11. Orders accordingly.

DELIVERED, DATED AND SIGNED THIS 15TH DAY OF NOVEMBER, 2023 IN OPEN COURT AT NAKURU.H. I. ONG’UDIJUDGE