State v Samson Kegoka Nyamohanga [2015] KEHC 3705 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MIGORI

HCCR NO. 20 OF 2014

(Formerly Kisii High  Court  HCCR  NO. 76 OF 2011)

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

VERSUS

SAMSON KEGOKA NYAMOHANGA ….................................... ACCUSED

SENTENCE

The accused was charged with the murder of Thomas Mwikwabe. The particulars of the offence were that on 15th  October 2010, he murdered the  deceased at Masaba Village, Kuria West District.   He pleaded not guilty and the trial commenced. After a plea bargain he has now pleaded guilty to manslaughter.

The facts of the case are that the accused attacked with an arrow the deceased who had gone to rescue one Samuel  Chacha. The attack appeared to  arise out of a land dispute between the  deceased's family and accused's family.

The accused is a first offender and taking into account that he took  the law in his own hands, by arming himself with weapons and  shooting at an otherwise innocent victim, I am of the view that a  custodial sentence that reflects the  gravity of the offence is warranted.

I therefore sentence the accused to fifteen (15) years imprisonment.  Such time to take into account the time he has served in custody while awaiting trial.

Dated, signed and delivered in Open Court at Migori this  20th day of  July, 2015

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

D. S. MAJANJA

JUDGE