Republic v Patrick Kipkorir Kitur [2016] KEHC 6906 (KLR)

REPUBLIC OF KENYA

IN THE HIGH  OF KENYA

AT KERICHO

CRIMINAL CASE NO.49 OF 2013

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

VERSUS

PATRICK KIPKORIR KITUR.........................................ACCUSED

RULING ON SENTENCE

-    The accused was convicted of the offence of manslaughter after plea bargaining.

-    The accused and deceased were brothers.

-    The deceased suffered because of intervening for  their nephew Wesley whom the accused wanted to beat up.

-  The social inquiry report shows that the accused used to abuse alcohol while at home.  Generally the things he did at home prior to this incident are weired.

-   In brief he needs time away from home to reflect on his life.

-  The post mortem report shows that the accused inflicted several injuries on the deceased who was his brother.  This was uncalled for.

-    I have considered that the accused has been in custody for two (2) years and four (4) months.

ORDER:

Accused is sentenced to  serve seven (7) years imprisonment.

Delivered, Signed and Dated at Kericho this 9th day of  February , 2016.

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

H. I. ONG'UDI

JUDGE

In the presence of:   M/s Keli for State, Mr. Maengwe for accused, accused person and Hillary/Cheruyoit as court assistants.

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

H. I. ONG'UDI

JUDGE