Republic v Samwel Kipyegon Bor [2015] KEHC 5877 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 24 OF 2011
REPUBLIC ………………………………..…............................. PROSECUTOR
VERSUS
SAMWEL KIPYEGON BOR.....…………………….......................… ACCUSED
RULING ON SENTENCE
The accused was initially charged with Murder which was reduced to Manslaughter after plea bargaining.
The circumstances leading to the offence are very clear from the facts.
The Probation officer has presented a very detailed report on the accused, deceased and the two communities.
The accused was provoked beyond words by the deceased 's conduct.
The accused is a first offender.
He has been in custody now for three and three quarters (3¾) years. I have considered all this and I find him suitable for a non-custodial sentence.
He is sentenced to serve eighteen (18) months on Probation
Conditions are explained.
Dated, signed and delivered this 27th day of March, 2015
H.I. ONG'UDI
JUDGE
In the presence of ;
M/S Kivali for State
Mr. Kirui for accused - absent
Accused
Lagat – Court Assistant