Republic v Richard Kipyegon Langat [2014] KEHC 1026 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO. 38 OF 2013

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

VERSUS

RICHARD KIPYEGON LANGAT………………....…….ACCUSED

RULING ON SENTENCE

1. The charge against the accused was reduced from murder to Manslaughter after a plea bargaining arrangement.

2. The deceased who was aged 11 months was a daughter of the accused.

3. The circumstances leading to the incident show that the accused in his drunken state had quarrelled with his wife was carrying his daughter when he tripped outside the house and the deceased fell down injuring  her head.

4. I have considered these circumstances together with the 1 ½ years the accused has been in custody.

5. The Probation Officer’s Report is also favourable.  This was a very unfortunate incident.  The accused must change his unfruitful drinking habits and act responsibly.

He is sentenced to three (3) years on Probation.  Conditions explained.

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

H.I. ONG’UDI

JUDGE

In the presence of:

M/s Njenga for state

Mr. Koskei for accused – present

Lagat; Court Assistant

All accused – present in person

Interpretation; English/Kipsigis