Republic v Stephen Manyeki Chege & Erick Chege Gathoni [2021] KEHC 2936 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MURANG’A

CRIMINAL CASE NO. 17 OF 2017

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

VERSUS

STEPHEN MANYEKI CHEGE.....1ST ACCUSED

ERICK CHEGE GATHONI...........2ND ACCUSED

SENTENCE

1. Each of the accused persons pleaded guilty to the offence of manslaughterunder a plea agreement recorded on 18th October 2021. The offence is a grave felony that attracts life imprisonment.

2. The deceased was a brother to the 1st accused and an uncle to the 2nd accused. On 9th April 2017, a squabble erupted between the trio and escalated into a full-blown fight. The deceased sought refuge in a neighbour’s compound. The accused followed him there. In the course of the scuffle, the 1st accused delivered a fatal blow to the deceased’s head using a rusty piece of metal pipe (exhibit 1). He was hospitalized but succumbed to the injuries three days later.

3. I have paid heed to the mitigation tendered by each of the accused. They are both first offenders and expressed remorse for their conduct. The 1st accused has a young family and suffers from high blood pressure. The 2nd accused is aged 27. His mother is single and used to rely on him. He also claims to be diabetic.

4. As a general rule, sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. The dictates of justice in this case call for a custodial sentence. I sentence each of the accused to seven (7) years imprisonment. The sentence shall be deemed to run from 11th April 2017, the date when they were first arrested and placed in custody.

It is so ordered.

DATED, SIGNED AND DELIVERED AT MURANG’A THIS 19TH DAY OF OCTOBER 2021

KANYI KIMONDO

JUDGE

Sentence read in open court in the presence of-

Accused.

Ms. A. Gakumu for the Republic.

Mr. S. Kirubi for the 1st accused.

Mr. M. Warima for the 2nd accused.

Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.