Republic v Samwel Kiprono Kemei [2022] KEHC 1224 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO.26 OF 2017

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

VERSUS

SAMWEL KIPRONO KEMEI.....................................................................ACCUSED

SENTENCE

1. The Accused person was charged with murder contrary to section 203 as read with section 204 of the Penal Code.

2. After conducting a trial, the court found the Accused person guilty of Manslaughter contrary to section 202 as read with section 205 of the penal code.

3. In mitigation, counsel for the Accused person told the court that the Accused person is a father of three children and that his wife is estranged.

4. Further, that the Accused person is remorseful for the offence he committed and he has been in custody for a period of five years since 27th of September 2017 when he was first arraigned in court.

5. The Defence Counsel also said that both the Accused person and the deceased were drunk during the incident.

6. The Probation Officer filed a social Enquiry Report dated 16/2/2022 in which it is stated that the Accused person dropped out of school due to lack of school fees and got married and he had three children before his wife left.

7. I have considered the evidence adduced in this case together with the mitigation given on account of the Accused person.

8. The Accused person unlawfully killed his brother during a drunken stupor.

9. Although the charge was reduced to one of manslaughter, the Accused person terminated the life of his brother for no apparent reason.

10. The offence of manslaughter carries a sentence of life imprisonment.

11. The Accused person is sentenced to fifteen (15) years imprisonment.

12. The sentence to start running from 27/9/2017 when the Accused person was first arraigned in court.

13. Right of Appeal 14 days (Explained).

DELIVERED, DATED AND SIGNED AT KERICHO THIS 18TH DAY OF MARCH, 2022.

A. N. ONGERI

JUDGE