REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KERICHO CRIMINAL CASE NO. 26 OF 2012 REPUBLIC..................................................................PROSECUTOR VERSUS BERNARD KIPNGENO MIBEI........................................ACCUSED RULING ON SENTENCE - The accused had been charged with the offence of Murder which was later reduced to Manslaughter after a plea bargaining arrangement. From the facts of the case its clear that the accused did not only tie the deceased on a tree where he slept the whole night but he also beat him causing him an injury to his spinal cord. • I have considered the accused's mitigation and the report by the Probation Officer. I have equally considered that the accused has been in custody for close to two and a half years (2 ½) years. • He is sentenced to five (5) years which will be served as follows: 1. The first two (2) years will be in prison (imprisonment). 2. The next three (3) years will be served on Probation. The conditions are fully explained to the accused person. Dated, signed and delivered in court this 12th day of February, 2015. ….................. H. ONG'UDI JUDGE In the presence of: M/s Kivali for State Mr. Ngeno for accused
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Lagat- court assistant
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