Republic v Ebat (Criminal Case E009 of 2025) [2026] KEHC 8966 (KLR) (24 June 2026) (Sentence) Neutral citation: [2026] KEHC 8966 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CRIMINAL CASE E009 OF 2025 JK SERGON, J JUNE 24, 2026 BETWEEN REPUBLIC ............................................................................................ PROSECUTOR AND SAMUEL YENNEI EBAT ............................................................................. ACCUSED SENTENCE 1. Samuel Yennei Ebat, the accused herein is before this court charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. 2. The accused and the Director of Public Prosecutions executed a plea bargain agreement whereof the accused pleaded guilty to the lesser charge of Manslaughter contrary to section 202 as read with section 205 of the penal code and was consequently convicted. 3. The court directed the Nakuru County Probation Officer to prepare and file a pre-sentence report on the accused. This court further invited the defence and the prosecution to make submissions in Mitigation. 4. It is the submission of Miss Momanyi who held brief for Miss Miss Matagaro, learned advocate for the Accused, that the accused is a first offender and that he saved the court’s time by executing a plea bargain agreement. It is also her submission that the offence was committed while both the accused and the deceased were drunk. 5. The accused submitted that he is remorseful and that he spent 1½ years in remand custody while undergoing trial. Miss Anyumba learned prosecution counsel pointed out that the accused is remorseful and that he should be given a non-custodial sentence. This court has also considered the pre-sentence report on the accused. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8966/eng@2026-06-24 1
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6. In the pre-sentence report, it is stated that the deceased was a neighbour to the accused and that on the material day the duo were having alcohol at a drinking den when an argument between them arose. It said that the duo fought. The accused is said to have hit the deceased on the head leading to his demise. 7. The victim’s family were interviewed and they expressly stated that they are close neighbours with the family of the offender and that seeing the accused around will make the situation worse. They stated that they suffered psychological trauma and they would be happy if the accused is placed in custody. The probation officer indicated that the home environment doesn’t seem to be conducive for the accused’s immediate release. 8. The probation officer further stated that the accused is not suitable for a non-custodial sentence. It is argued that a short custodial sentence will at least allow community members to heal. 9. After considering the facts in mitigation and after taking into account the pre-sentencing report, this court is convinced that a short custodial sentence is appropriate in the circumstances of this case. The accused person namely Samuel Yennei Ebat is hereby sentenced to serve 10 years imprisonment. However, it is not disputed that the accused was kept in lawful custody pending trial for one (1) year and six (6) months. The aforesaid period spent in custody and credit given to the accused by deducting the period from the sentence meted out. 10. Consequently, the accused is given credit of 1½ years to be deducted from the sentence pronounced herein of 10 years. Therefore, the accused is to serve 8 years and 6 months imprisonment from today’s date. DATED, SIGNED AND DELIVERED AT NAKURU THIS 24TH DAY OF JUNE, 2026. ........................ J. K. SERGON JUDGE In presence of: Jamleck/Rutoh C/A Miss Anyumba for the State Miss Matangaro for the Accused https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8966/eng@2026-06-24 2
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