State v Barrack Samuel Odari [2015] KEHC 3699 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA   AT MIGORI

HCCR NO.  103 OF 2014

(Formerly Kisii High  Court  HCCR  NO. 103 OF 2010)

STATE …...............................................................................PROSECUTION

VERSUS

BARRACK SAMUEL ODARI  ….............................................. ACCUSED

SENTENCE

The accused, BARRACK SAMUEL ODARIwas  charged with murder of his  wife, MILLICENT AKETCHwhich occurred on 18th November, 2010 at Pinyoiye Village, Suna Wasimbete Location, Migori County.   He has now pleaded guilty to the offence of manslaughter.   The offence is regrettable  in that it  happened during a fight  and the  accused has expressed leniency.

He is now sixty (60) years old and has been in custody since November, 2010.   I have considered the probation  report and I find that his family is ready to accept him.

In view of the time he has been  in custody, he is sentenced to time served.   He is set free unless  otherwise lawfully held.

Dated, signed and delivered in Open Court at Migori this  23rd day of  July, 2015

…...............................................

D. S. MAJANJA

JUDGE