REPUBLIC OF KENYA IN THE HIGH OF KENYA AT KERICHO CRIMINAL CASE NO.20 OF 2013 REPUBLIC.......................................................PROSECUTION VERSUS CHARLES KIPLANGAT YEGON…........................ACCUSED RULING ON SENTENCE - The accused was convicted of the offence of murder which was later reduced to manslaughter after plea bargaining. - The accused and deceased were brothers. The deceased being the older of the two. - The circumstances leading to the commission of this offence are clear from the facts - The social inquiry report shows that the accused has not exhibited any form of violence before. The post mortem report (EXB1) shows that the accused actually butchered the deceased. With his axe he inflicted eleven (11) cut wounds and multiple lacerations on the deceased's body. - The brain matter was exposed. - Of the many cuts inflicted, five (5) were FRACTURES. Whatever the reasons were, this conduct by the accused was uncalled for. He inflicted so much pain to his brother. The deceased did not injure him at all. I have considered that the accused has been out on bond since March 2014. He was in custody for a year. Taking this into account plus the social inquiry report, I sentence the accused to serve nine (9) years imprisonment. Delivered, Signed and Dated at Kericho this 9th day of February, 2016. …......................
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H. I. ONG'UDI JUDGE In the presence of: M/s Keli for State, Mr. Maengwe for accused, accused person and Hillary/Cheruyoit as Court Assistants. …...................... H. I. ONG'UDI JUDGE
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