Republic v Emmanuel Kero Otanga & 1 other

Republic v Otanga (Criminal Case E001 of 2024) [2025] KEHC 13477 (KLR) (30 September 2025) (Sentence) Neutral citation: [2025] KEHC 13477 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KAKAMEGA CRIMINAL CASE E001 OF 2024 AC BETT, J SEPTEMBER 30, 2025 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND EMMANUEL KERO OTANGA .................................................................. ACCUSED SENTENCE 1. The Accused Emmanuel Kero Otanga pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after entering into a Plea Agreement with the State. 2. The Accused and the deceased were brothers who got into an altercation after drinking. During the commotion, the accused hit the deceased with a stick occasioning him the fatal injuries. 3. Upon conviction, the Accused pleaded for leniency through his Advocate Ms. Repha. She stated that the Accused is a father of two with no one left to take care of his children as he is the sole breadwinner. He pleaded for a five (5) year custodial sentence. 4. On her part, Ms. Chala stated that although the Accused was a first offender and had saved the court’s time by pleading guilty, he had committed a felony through an unwarranted attack on his brother. She urged the court that the Accused needs time to reform. The prosecution 5. The pre-sentence report states that the Accused expressed remorse while taking responsibility of his actions. It further states that the victim’s family, while not being opposed to rehabilitation feels that it is too soon to release the Accused as the family needs time to heal as well as to resettle the Accused in line with customary dictates. 6. I have carefully considered the circumstances under which the offence was committed and the extent of the injuries infiicted on the deceased as well as the pre-sentence report. I sentence the Accused to https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13477/eng@2025-09-30 1

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