Republic v Thomas Kipngetich Koech [2015] KEHC 6206 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO. 16 OF 2014

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

VERSUS

THOMAS KIPNGETICH KOECH................................ACCUSED

RULING ON SENTENCE

The accused was convicted of the offence of Manslaughter after a plea bargaining arrangement.

The accused is an elder brother of the deceased.  The circumstances leading to the commission of this offence are clear from the facts.

The social inquiry report filed herein explains what the environment at the accused's home is like, currently.

The accused reacted very badly when confronted by the deceased over the unlawful sale of family land by the former.

His reaction was uncalled for, irrational and irresponsible. The home report shows clearly that some of the family members are still very bitter over the incident.

The accused has been in custody for just about one (1) year now.

I have considered all the above and come to the conclusion that a non-custodial sentence is not an option.

He will serve five (5) years imprisonment.

Dated, signed and delivered in open court this 13th day of March, 2015.

…..................

H. ONG'UDI

JUDGE

In the presence of:

M/s Mwangi for Sta

Mr. Maengwe for accused

Lagat- court assistant