REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL CASE NO.79 OF 2012 REPUBLIC................................................................................PROSECUTOR VERSUS KINATI KIBOGI...............................................................................ACCUSED RULING ON SENTENCE 1. KINATI KIBOGI was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Chapter 63 Laws of Kenya. 2. The Accused was tried and was convicted on a lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. 3. In mitigation, counsel for the Accused stated that both the Accused and Deceased were drunk on the material date and it was the Deceased who first attacked the Accused. 4. The Accused be treated as a first offender and is remorseful for the unlawful act that led to the loss of his friend. 5. He pleads for leniency as he is of advanced age and a widower having lost his wife during the 2007 Post Election Violence (P.E.V.). 6. The Accused had also been in custody for a period of two (2) years. 7. The offence of manslaughter is a felony and carries a zero to life sentence but taking into consideration the above mentioned mitigating factors, particularly the age of the Accused and the period spent in custody, I hereby sentence the Accused to a term of Eight (8) years imprisonment. 8. The term shall commence from the date the Accused was first arraigned in court. Orders accordingly. Dated, Signed and Delivered at Nakuru this 5th day of June, 2015. A. MSHILA JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.