[2022] KEHC 1290 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO.19 OF 2019

REPUBLIC.................................................................................................PROSECUTOR

VERSUS

HILLARY KIPNGENO SANG........................................................................ACCUSED

SENTENCE

1. The Accused person in this case was charged with murder contrary to section 203 as read with section 204 of the Penal Code.

2. The charge was reduced to manslaughter following a successful plea bargain agreement signed by the Accused person on 26/7/2021.

3. The particulars of the charge of manslaughter were that on 18/5/2019 at CHEMOGICH village in Kaplelartet sub location, Soin Sigowet sub county of Kericho County, the Accused person unlawfully killed DENNIS KIBET SANG.

4. The facts of the case were as follows;

On the 18th day of May 2019, at around 07. 00hrs, the deceased’s wife was in the house when their neighbour by the name Edwin visited and asked for the whereabouts of the deceased. The deceased’s wife told Edwin that the deceased had gone to the shop.

Edwin then asked her to inform the deceased that he is taking his plough to go use then return when finished with it. Edwin then took the plough which was in house and went with it.

The deceased later went back and was informed by his wife that Edwin had borrowed the plough. At around 2130hrs, the same time as the deceased’s wife was preparing food, the accused person stormed in the house carrying a panga and was very furious.

He started quarrelling the deceased asking him why he gave out his plough to Edwin without his consent. The deceased told the accused that it was his wife who gave out his plough but not him.

The accused could hear none of that and immediately assaulted the deceased using the panga on his back twice.

The deceased persuaded him to stop assaulting him further and sort out the issue but the accused assaulted him again on his forehead using the panga then went away.

The deceased who was by then bleeding furiously walked slowly outside the house and went and sat beside the store. The accused went to where the deceased was sited and found him with his wife trying to nurse him.

He asked both accused and his wife to hold his hands and help him to stand. He stood up but was bleeding a lot then sat down feeling helpless and in pain. The accused then told the deceased’s wife to go and call neighbours to take the deceased to hospital.

Neighbours were called by the deceased’s wife and came and found the deceased sited, bleeding and writhing in pain. They took the deceased to hospital using a boda boda rider in Sigowet sub county hospital.

The deceased was referred to Kericho referral hospital after his condition worsened and was admitted there and he died while undergoing treatment.

Postmortem was conducted by Dr. Koech who formed the opinion that the cause of death was severe head injury from trauma with a sharp object and massive haemothorax from right lung penetrating trauma with a sharp object.

Meanwhile the accused person who had run away to hide in the bush after the incident got wind of the deceased’s death and went to Sondu police station three days later to surrender himself.

The accused was then charged with the offence of murder contrary to section 203 as read with section 204 of the penal code which has now been reduced to the offence of Manslaughter Contrary to Section 202 as read with section 205 of the penal code.

5. The learned counsel for the Accused person submitted that the Accused person is remorseful for the offence he committed and further that the Accused person tried to take the deceased to hospital after he injured him.

6. The Defense counsel further submitted that the Accused person is a first offender and that he was under the influence of alcohol when he committed the offence.

7. Further, that the Accused person has reformed while in custody and has promised not to repeat the offence and further that the family of the deceased which is also the family of the Accused have forgiven the Accused person. The Accused person is welcomed back to the community where he is awaited so that the cultural cleansing rites can be completed.

8. The Probation Officer filed a Social Inquiry Report detailing the social background of the Accused person.

9. The Report states that the Accused person went to school up to class three and dropped out of school due to lack of school fees following the death of his father. He started abusing alcohol.

10. I find that the Accused killed his own brother for no reason while under the influence of alcohol.

11. The deceased who was a brother to the Accused person was not at fault since it was his wife who had given out the Accused person’s plough to Edwin, a neighbour who had borrowed it.

12. The charge of manslaughter carries a sentence of life imprisonment. The Accused person pleaded guilty to the charge and saved court’s time for trial.

13. The Accused person took an innocent life for no reason and he must be punished.

14. The Accused person is sentenced to twenty (20) years imprisonment.

15. The sentence to start to run from 27/05/2019 when the Accused person was first arraigned in court.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 18TH DAY OF MARCH, 2022.

A. N. ONGERI

JUDGE