https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9429

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT ELDAMA RAVINE (SUB-REGISTRY)** **HCCR CASE NO.E29 OF 2023** **REPUBLIC ..…………………………………….… PROSECUTOR** **VERSUS** **SAITOTI TOROITICH KURESIA……………….…....…….. ACCUSED** **SENTENCE RULING** 1. The accused, **SAITOTI TOROITICH KURESIA**, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars were that on 18th March, 2019at about 9:30 p.m at Kaptunai Village, Senende Location, Mogotio Sub-County within Baringo County, he murdered Wilson Kipsom Rutto. 2. The accused pleaded not guilty. The prosecution called six (6) witnesses. When placed on his defence, the accused gave unsworn testimony and called one witness. 3. The matter was heard by Hon. Ng’etich J as she then was. 4. Vide a judgment delivered on 12/3/2026, the accused convicted of manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code. 5. It fell upon me to sentence him, after I took over the matter on 16/4/2026.This is pursuant to Section 200 as read with Section 201 of the Criminal Procedure Code which allows the Judge who takes over the case after judgment has been delivered and sentencing has not happened. 6. A pre-sentence report was filed dated 30/4/2026 by PACs. 7. During the sentence and mitigation hearing Ms. Omari for the state submitted – that accused was a 1st offender but remained not remorseful. That he had anger issues and required a custodial sentence to deal with the same relying on **Wafula -vs- R KECA [2026] eKLR** she submitted for a custodial sentence of 15 years imprisonment. 8. Mr. Chebii for the accused reiterated that the accused is a 1st offender. That the area assistant chief had vowed to his good character. That it was not true that the accused was not remorseful – that he regretted the demise of his stepfather in law. That the only thing was that the accused denied killing the deceased. Counsel submitted that this was evident from the judgment. 9. It is was submitted in his mitigation that he was a widower with 2 young children living with his aged parents, that he had been in custody for 5 years – that he was out on bond for 1 ½ years. 10. It was submitted that it was not true that the community did not want him. 11. The only issue for determination is what sentence is appropriate in the circumstances of this case. 12. The Sentencing Policy Guidelines 2023 provide as follows:- *“Where an unlawful killing is done without an intention to kill (or cause grievous bodily harm?), the offence of manslaughter may be made out. In sentencing such cases, as with murder, the focus must lie primarily upon culpability. With manslaughter cases, the degree of culpability may vary widely, from the ‘one punch’ manslaughter to the case involving a prolonged campaign of domestic violence which ultimately results in the victim’s death. The focus must be on the offender’s actions and intentions at the time of the crime in assessing the degree of culpability. Sometimes a nuanced approach is called for”.* 1. According to the pre-sentence report dated 21/3/2019 cause of death of the deceased was chest injury with attendant traumatic asphyxia secondary to blunt trauma to the chest – the deceased had extensive adhesions on the lungs; fractured and dislocated – 6th, 7th, 8th, 9th ribs. 2. Reading from the judgment the accused beat up the deceased severely, then left – the deceased succumbed to the injuries, and was found dead. 3. This fight occurred in a Chang’aa den. From the foregoing it is clear that accused caused the unlawful death of the deceased. 4. Looking and Pre-sentence report – there is not much detail about the accused person except that he is a widow. 5. On the period spent in custody, the record shows that the matter began in 2019 – and the Accused appeared in court for the first time on 28/3/2019. The record shows – a surety was sworn on 20/12/2021 – accused was released. He was arrested and presented to court on 23/5/2024. His bond was concealed and he has remained in custody since. 6. Looking at the authority cited, the circumstances of the offence the accused person is sentenced to 15 years imprisonment with effect from 28th March 2019. 7. Right of Appeal 14 days. **SENTENCE Ruling Dated, signed and delivered virtually at Kabarnet on 30th June 2026.** **MUMBUA T. MATHEKA** **JUDGE** Court Assistant – Karanja Accused – Present Ms. Omari for state Mr. Chebii for the accused