Republic v Wilberforce Kimutai Koech, Hillary Kipkirui Langat & Cornelius Kipyegon Rono [2014] KEHC 984 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO. 53 OF 2013

REPUBLIC……………………………………………PROSECUTOR

VERSUS

WILBERFORCE KIMUTAI KOECH……………….1ST ACCUSED

HILLARY KIPKURUI LANGAT……………………..2ND ACCUSED

CORNELIUS KIPYEGON RONO…………………..3RD ACCUSED

RULING ON SENTENCE

All the 3 accused persons were initially charged with the offence of murder which was later reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code, after a plea bargain.

The circumstances leading to the commission of this offence are clear from the facts.  There is no indication that the deceased was the aggressor.  Though the accused are young their reckless conduct after taking alcohol was uncalled for and will not be tolerated.

They have been in custody for about one year.

I have taken this into account together with the issues raised in the Social Inquiry report.

Each accused is sentenced to four(4) years imprisonment

Dated, signed and delivered this 19th day of December, 2014

H.I. ONG’UDI

JUDGE

In the presence of:

M/s  Njenga for State

Mr. Ong’anyi for accused

Lagat, Court Assistant

Accused; present in person

Interpretation; Eng/Kipsigis