1.The accused, Peter Omondi Ojendo, was originally charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Upon successful plea bargaining with the State, the accused, was on June 26, 2023 convicted on his own plea of guilty to the lesser charge of Manslaughter contrary to section 202 as read with section 205 of the Penal Code.
2.Upon his conviction, the accused, through his learned counsel, Mr Oduol made his mitigation. The accused raised the following factors in mitigation:-
3.This court, on its own motion called for a Probation Officer’s Pre-sentence and Victim Impact Assessment Report. The same report, dated July 17, 2023 was duly filed in court. Salient information captured in the said report are:-
5.I have considered the circumstances of this matter, the mitigation raised and the pre-sentencing report. It is clear that this incident was provoked by the deceased, the accused’s own brother. The accused has also saved the court’s time by entering the plea bargain with the State. He has expressed remorse. The accused deserves mercy. On the other hand, the accused ought to have exercised restraint even at the face of Probation. The deceased was his own brother.
6.This court is therefore convinced that the accused deserves a custodial sentence which would act as deterrence to others of like minds. And also for denunciation, i.e. to express the community’s detestation of the act. In the circumstances, I sentence the accused to serve 5 years imprisonment. This sentence shall run from December 15, 2022, the date accused was first arraigned before the court in view of the fact that the accused has remained remanded in custody. Right of appeal on sentence explained to the accused.