Republic v Wesley Kipkurui Rono [2022] KEHC 2580 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL CASE NUMBER 62 OF 2015

REPUBLIC.........................................................PROSECUTION

VERSUS

WESLEY KIPKURUI RONO...................................ACCUSED

S E N T E N C E – R U L I N G

1. On 1st December 2021 the accused person Wesley Kipkurui Rono was found guilty and convicted of the offence of Manslaughter Contrary to Section 202 as read with 205 of the Penal Code for the unlawful killing of Isaac Cheruiyot Koskei on 2nd October 2015.

2. To assist me arrive at an appropriate sentence I sought a pre-Sentence Report from the Probation and After Care Services (PACS).

3. The report captures the social economic background of the accused, that he is the last born in a family of seven (7) siblings, he is married with three (3) children, though his wife left for her parent’s home.

4. The cause of this killing was a disagreement that arose in an alcohol drinking den.

5. The family of the victim have expressed the view that they are into a cleansing reconciliation process, hence there are no hard feelings against the accused person.

6. In his mitigation through Mr. Orege the court was told that accused was born on 2nd June 1992, aged twenty-nine (29) years old.  The incident happened as he was defending himself, and he was truly remorseful.

7. The accused person has been in custody since 2015, a period of about seven (7) years.

8. Going by Section 333 (2) of the Criminal Procedure Code, it is evident that he has served sufficient custodial sentence.  The Probation Officer recommends non -custodial sentence of three (3) years to enable the accused person and his family to settle with the family of the deceased, for him to bring together his family so as to prevent any inspiration to commit another offence.

9. I accept the recommendation by the Probation Officer, and order that the accused person be placed on probation supervision for three (3) years from the date hereof.  During that period, he must abide by the probation order, and avoid excessive consumption of alcohol.

10. In the event of breach, he risks the revocation of the probation order and the imposition of an imprisonment sentence.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 4TH DAY OF FEBRUARY, 2022

MUMBUA T. MATHEKA

JUDGE

In the presence of:-

Court Assistant Edna

For state: Ms Murunga

For accused: Ms Mungai

Accused present