REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL CASE NO. 39 OF 2012 REPUBLIC ………………………………...........................................PROSECUTOR VERSUS NICHOLAS KIPKEMOI NGENO………….................................................ACCUSED RULING ON SENTENCE The accused was charged with the offence of Murder which was later reduced to Manslaughter after a plea bargaining arrangement. The circumstances giving rise to this incident are well outlined in the facts. The social inquiry report does not recommend a non-custodial sentence for reasons set out in the said report. I have considered the accused's mitigation; the social inquiry report; the circumstances giving rise to this incident and accused's stay of two(2) years in custody. I do find a non-custodial sentence not justified at all. He will serve five (5) years imprisonment. Dated, signed and delivered this 21st day of November, 2014 H.I. ONG'UDI JUDGE In the presence of; M/S Kivali for State Mr. Maengwe for accused Accused Korir – Court Assistant
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