REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL CASE NO. 24 OF 2011 REPUBLIC ………………………………..…............................. PROSECUTOR VERSUS SAMWEL KIPYEGON BOR.....…………………….......................… ACCUSED RULING ON SENTENCE 1. The accused was initially charged with Murder which was reduced to Manslaughter after plea bargaining. The circumstances leading to the offence are very clear from the facts. 2. The Probation officer has presented a very detailed report on the accused, deceased and the two communities. The accused was provoked beyond words by the deceased 's conduct. 3. The accused is a first offender. He has been in custody now for three and three quarters (3¾) years. I have considered all this and I find him suitable for a non-custodial sentence. He is sentenced to serve eighteen (18) months on Probation 4. Conditions are explained. Dated, signed and delivered this 27th day of March, 2015 H.I. ONG'UDI JUDGE In the presence of ; M/S Kivali for State
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Mr. Kirui for accused - absent Accused Lagat – Court Assistant
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