State v Lameck Ouma Orina alias Baseman [2015] KEHC 3834 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT MIGORI

(FORMERLY KISII HCCR NO. 107 OF 2012)

CRIMINAL CASE NO. 34 OF 2014

BETWEEN

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

AND

LAMECK OUMA ORINA alias BASEMAN …....................... ACCUSED

S E N T E N C E

LAMECK OUMA ORINA alias BASEMAN was charged with Murder.  The particulars were that on 15th July, 2012 at Kaler Locataion, Ochuna Sub-Location he murdered SAMUEL OTIENO. He has now pleaded guilty to a lesser offence of Manslaughter after a plea bargain agreement.

From the facts, it emerged that the accused and deceased were close friends and they had a disagreement which resulted in the accused stubbing the deceased.

I have considered the Probation Officer's Report. It shows that the accused had a previous conviction and was sentenced to Shikusa Borstal Institution for 3 years.

He is not suitable for a non-custodial sentence and considering all facts, I sentence him to six (6) years imprisonment.  Such time shall take into account the time he has been in custody.

DATEDand DELIVERED at MIGORIon this 15th day of July 2015.

D.S. MAJANJA

JUDGE