Republic v Peter Kimani Njogu [2015] KEHC 4926 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO.15 OF 2013

REPUBLIC.....................................................................PROSECUTOR

VERSUS

PETER KIMANI NJOGU.........................................................ACCUSED

RULING ON SENTENCE

1. The accused who was initially charged with murder, pleaded guilty to the less offence of Manslaughter after plea bargaining.

2. The circumstances leading to the offence are clear from the facts.  The accused was not injured at all.

3. The social inquiry report filed herein shows that the deceased's family was not traced for interview.

4. The area Chief when interviewed explained what he knows about the accused and how the community views him.  The report is not good.

5. I have also noted from the social inquiry report that the accused who is aged thirty-eight (38) years is unmarried.  He had claimed in Mitigation to be married with two children which is a lie.  He has been in custody since 2nd April, 2013 which is two (2) years plus one (1) month.

6. After taking into account all these things I find a prison sentence of three (3) years to be appropriate.

Orders accordingly.

Dated, signed and delivered in open court this 14th day of May, 2015.

H.I.ONG'UDI

JUDGE

In the presence of

M/s Mwangi for State

Mr. Orina for Accused-absent

Accused-Present

Kipyegon- court assistant

Interpretation- English/Kiswahili