Africa-Press – Kenya. A Murang’a man accused of killing his elder brother while intoxicated has been sentenced to three years on probation. Thomas Nyoike was initially charged with the offence of murder and by a plea bargain agreement entered into between the prosecution and the accused, the charge was reduced to manslaughter.
Nyoike pleaded guilty and was convicted on his own plea of guilty. In compliance with the Judiciary Sentencing Policy Guideline, the Court called for a pre-sentencing report.
The report stated that Nyoike’s father died in the year 1993 due to suicide and that after his death, he dropped out of school due to financial constraints.
He was employed as a herder and later joined the scrap metal business for three years before he started picking avocados at Mojarra at the time of the arrest.
It was stated that the victim was the convict’s elder brother and that on the fateful day, both were drunk when a quarrel ensued and the deceased hit the accused with a pair of scissors who in retaliation hit him on the head.
The accused refused to seek medical intervention at the request of their mother. On the accused’s attitude towards the crime, it was stated that he was extremely remorseful. The family had since forgiven him and were willing to help him resettle as a small-scale trader.
The area Chief was opposed to his release to the community on the grounds that he had been troublesome before his arrest and therefore proposed a custodial sentence for prison rehabilitation.
In mitigation, Nyoike stated that while in custody, he had learned several trades which he will put into use and that the offence was committed while both were intoxicated and that he had since been rehabilitated from drug abuse.
He had been in custody for a period of six years which should be taken into account while passing a sentence. He was willing to take up parental responsibility for his two children who had been under the care of their mother.
The prosecution said that manslaughter is a serious offence which carries a life imprisonment sentence and that the Court should take into account the Chief’s sentiments by mating out a deterrence sentence.
While sentencing the accused on June 27, Justice James Wakiaga noted that whereas the Community through the Chief expressed reservation at the release of the convict into the community, he took the view that unless a sentence of death is imposed, the convict will ultimately go back to the community.
It was his view that the accused had been adequately rehabilitated during the six years period in custody and therefore the best sentence in the circumstances of the case was a none custodial sentence.
“I therefore sentence the convict to a probation sentence for a period of three years during which period he shall be rehabilitated further and resettled into the community and it is ordered,” Justice Wakiaga ruled.
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