Republic v Philip Kipngeno Kirui & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL CASE NO. 42 OF 2012 REPUBLIC ………………………………..….........PROSECUTOR VERSUS PHILIP KIPNGENO KIRUI……………....................1ST ACCUSED PHILIP KIMUTAI KOSGEI …..................................2ND ACCUSED JOSEPH KIPRONO KOSKEI ….............................3RD ACCUSED RULING ON SENTENCE 1. All the accused persons were initially charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The offence was later reduced to Manslaughter after a plea bargaining arrangement. 2. The circumstances giving rise to commission of this offence are clearly stated in the facts. 3. The accused persons clearly set out and armed themselves with crude weapons which they used to beat up the deceased and fatally injured him. 4. None of the accused persons was injured by the deceased. This means their attack on him was uncalled for. 5. I have considered the social inquiry reports filed herein in respect of each accused, and the fact that the accused persons had been drinking. I also consider the fact that the accused persons have been in custody for two(2) years each. Order They will each serve five(5) years imprisonment. Dated, signed and delivered this 19th day of December, 2014 H.I. ONG'UDI

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