Republic v Vincent Kipngetich Rotich [2015] KEHC 6284 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO. 17 OF 2014

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

VERSUS

VINCENT KIPNGETICH ROTICH..................................ACCUSED

RULING ON SENTENCE

-  The accused person was charged with the offence of Murder which was later reduced to Manslaughter which he admitted.

-  Its acknowledged that both the accused and the deceased had been drinking alcohol; before the occurrence of this offence.

-  Accused is aged twenty four (24) years old.  He has been in custody for approximately ten (10) months.

-   I have considered the Mitigation by the accused and social inquiry report.  The latter is not favourable, as the deceased's family are not ready for any traditional rituals as of now.

Order

The accused is sentenced to five (5) years which will be served as follows;

i. The first three (3) years will be in prison (imprisonment)

ii. The next two (2) years on Probation.

The conditions are explained.

Dated, signed and delivered in open court this 18th day of February, 2015.

…..................

H. ONG'UDI

JUDGE

In the presence of:

M/s Kivali for State

Mr. Ngeno for accused - absent

Lagat- court assistant