State v Peter Okinyi Nyambok [2015] KEHC 3702 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA   AT MIGORI

HCCR NO.  83 OF 2014

(Formerly Kisii High  Court  HCCR  NO. 106 OF 2012)

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

VERSUS

PETER OKINYI NYAMBOK alias OPERE….......................ACCUSED

SENTENCE

The accused, PETER OKINYI NYAMBOK alias OPERE  was  charged with murder of   RASEL OMONDI OKINYI.  It was the prosecution case that on 4th August 2012 at Thim-Lich Sub – Location, North Kadem location, Migori County, he  beat the deceased on her head and caused her to die.   He has now pleaded guilty to the offence of manslaughter after a plea bargain.

The deceased was his daughter with  whom he had been left by the child's mother.    The accused is thirty three (33) years old and no doubt he has paid the penalty for  killing his daughter.   The probation  report is favourable to a non-custodial sentence being imposed.   The family  members have all forgiven him.

In the circumstances, I sentence him  to four (4)  years imprisonment.  Such term shall be deemed to commence from 7th August, 2012.  However, he shall serve  the balance of his sentence under probation.   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