Republic v Robert Langat [2022] KEHC 2320 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAKURU

CRIMINAL CASE NO 7 OF 2016

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

VERSUS

ROBERT LANGAT..............................................................ACCUSED

JUDGEMENT ON SENTENCE

1. The accused was charged with the offence of murder which he later changed to Manslaughter contrary to Section 202 as read with 205 of the Penal code. He was accused of killing the late Florence Chepkorir on 10th February 2016 at septet centre Kiptagich location Kuresoi district, Nakuru County.

2. Having admitted the offence, the court directed that a presentencing report be prepared which was done and filed on 24th January 2022.

3. His counsel on mitigation pleaded for leniency stating that the accused was a young man with a family and was remorseful. He said that he regretted the offence as he did it while under alcoholic influence.

4. The learned state counsel left it to the discretion of the court.

5. The court has perused the report and taken interest in the mitigation herein. There was no need for the accused to have killed the deceased because of denial of conjugal rights. In any case she was not his wife.

6. Needless to state that he is a first offender and has been in custody for the last five years and he must have learned valuable lessons.

7. In the premises, the court shall grant him a non-custodial sentence taking into consideration the period he has been in custody as stated above.

8. The accused is hereby sentenced to threeyears’ probation period under the relevant probation office as shall be directed by the county probation officer.

DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 16TH DAY OF FEBRUARY 2022.

H K CHEMITEI.

JUDGE