REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL CASE NO. 45 OF 2013 REPUBLIC ………………….……………..….........PROSECUTOR VERSUS RICHARD KIPRONO KIRUI...........................……...........ACCUSED RULING ON SENTENCE · The accused person was initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. However, after plea bargaining, the charge was reduced to Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code for which he was convicted on admission. · The circumstances leading to the commission of the offence are very clear from the facts. · The social inquiry report shows that the deceased and accused had temporarily separated for a month before the incident. The deceased was buried at her parents home. It is clear from the report that healing has yet to take place. · In spite of the differences the accused acted irrationally and irresponsibly. He stabbed his an unarmed wife in the chest. • He has been in custody for 1 ½ years. Considering all the above and all the contents of the social inquiry report I find a non-custodial sentence to be no option for the accused. He is sentenced to five (5) years imprisonment. Dated, signed and delivered this 13th day of March 2015. H.I. ONG'UDI JUDGE In the presence of ; M/s Mwangi for State Mr. Maengwe for accused Lagat – Court Assistant
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