Republic v Siele alias Mugula [2022] KEHC 15906 (KLR)

Republic v Siele alias Mugula (Criminal Case E052 of 2021) [2022] KEHC 15906 (KLR) (11 November 2022) (Sentence)

Neutral citation: [2022] KEHC 15906 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E052 of 2021

AN Ongeri, J

November 11, 2022

Between

Republic

Prosecutor

and

Edwin Siele alias Mugula

Accused

Sentence

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

2. The charge was reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code.

3. The particulars of the charge were that on July 2, 2021 at Cheboin shopping centre in Bureti Sub-County within Kericho County, the accused person unlawfully killed Kipkoech Ngetich Alias Wesley.

4. The facts of the case were as follows:-On the July 2, 2021, Gilbert Kiprotich Cheruiyot received a phone call from Kipkoech Ngetich (deceased) requesting him to go to Cheboin Trading Centre specifically at a wines and spirit christened Ronko, belonging to the deceased.He went and met Kipkoech Ngetich as agreed at Ronko wines and spirit shop where Kipkoech Ngetich requested him to assist him in serving customers as he rush to Litein Township to purchase more stock for his wines and spirit shop.At around quarter past 5 pm, some customers arrived, among them was Edwin Siele (the accused) he requested for a bottle of smart vodka costing 200/= which he drunk. After finishing he tried to walk out before paying but was stopped by one of the customers by the name Leonard Cheruiyot, this annoyed the accused and an argument ensued.It is while they were still arguing that Kipkoech Ngetich (deceased) arrived and push them outside so as they do not disturb other customers.Edwin Siele went to a nearby shop and came back and paid the amount he owed Ronko Wines and Spirit then again started arguing with Leonard Cheruiyot where he grabbed Leonard by the collar and a fight ensued.They were separated by other customers and pushed outside. While outside the fight continued for a while, this is when the deceased intervened in an effort to separate the two. The accused turned on him pushed him and the accused fell down backwards to the ground landing on the pavement and immediately the accused sat on him and pressed him hard against the pavement.Dominic Cheruiyot a bodaboda rider who happened to have been at the scene assisted the deceased and rushed him to a nearby clinic where first aid was administered on him before being transferred to Kapkatet Sub-County Hospital where he was referred to Tenwek Mission Hospital where he was treated and discharged.His condition worsened and he was rushed to Kericho County Referral Hospital where he succumbed.A postmortem was conducted by Dr Rotich Wesley and formed an opinion that the cause of death was as a result of hypoxia due to respiratory distress due to spinal cord injury following a blunt trauma on posterior aspect of the neck.The accused was later arrested and charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code which has now been reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code pursuant to this agreement.

5. The defence counsel said in mitigation that the accused person is a young man aged 28 years and further that he did not intend to commit the offence.

6. The learned defence counsel further said that the accused person regrets the offence and he has sought forgiveness from the family of the deceased. He is seeking a non-custodial sentence.

7. The probation officer filed pre-sentence report where he stated that the accused person was intoxicated when he committed the offence and further that he believes one Leonard Cheruiyot committed the offence.

8. The offence of manslaughter is a serious one and it calls for life imprisonment.

9. The court has taken into account the mitigating circumstances in this case especially the fact that the accused person pleaded guilty to the charge and has saved the court’s time.

10. The accused person is sentence to five (5) years imprisonment.Right of appeal – 14 days (explained).

DELIVERED, DATED AND SIGNED AT KERICHO THIS 11THDAY OF NOVEMBER, 2022A. N. ONGERIJUDGE