State v Kennedy Ochieng Omollo [2015] KEHC 3817 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT MIGORI

CRIMINAL CASE NO. 51 OF 2014

(FORMERLY KISII HCCR NO. 3 OF 2014)

BETWEEN

STATE ….......................................................................................................... PROSECUTOR

AND

KENNEDY OCHIENG OMOLLO …..............….................................................... ACCUSED

S E N T E N C E

KENNEDY OCHIENG OMOLLO was charged with the offence of murder. The particulars were that on 30th December, 2013 at Rapogi Village, Kaler Division, he murdered ANNAH KWAMBOKA OMWANGO.  He has decided, after a plea bargain agreement, to plead guilty to the lesser offence of manslaughter.

The Court had the opportunity of hearing two witnesses regarding how he had a quarrel with the deceased and thereafter killed her.

I have considered the Probation Officer's Report and it does not appear favourable to a non-custodial sentence.  I take into account that he harmed a female relative who was vulnerable over what appeared to be a land dispute. I have also taken into account the brutal manner in which he inflicted the death.

I therefore sentence the accused to twelve (12) years imprisonment.  Such time shall take into account the time he has served while in remand.

DATEDand DELIVEREDat MIGORI this 15th day of July 2015.

D.S. MAJANJA

JUDGE