Republic v Reuben Kibet Koske [2014] KEHC 1735 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO. 17 OF 2012

REPUBLIC ……………………………...…… PROSECUTOR

VERSUS

REUBEN KIBET KOSKE ………………………… ACCUSED

RULING ON SENTENCE

The accused person was initially charged with Murder which was reduced to Manslaughter after plea bargaining.

The report by the Probation officer indicates that the accused had serious marital problems with his wife which landed him in this problem.  The wife left the home upon his arrest.  Their four young children have been left under the care of his elderly parents, as his wife roams about in Kipkelion.  The accused’s family and that of the deceased are ready to reconcile and have some cleansing done for the accused.  The accused has been in custody since March 2012 (a period of two years and seven months).

Considering the circumstances under which the offence was committed and for the sake of the innocent children who have been abandoned by their own mother, I will consider a non-custodial sentence.

The accused will serve three (3) years on Probation.  The conditions are fully explained to the accused.

Dated, signed and delivered this 19th day of November, 2014

H.I. ONG’UDI

JUDGE

In the presence of;

Mrs. Bett for Akinyi for accused

M/S Keli for State

Accused – present

Korir – Court Assistant