REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E006 OF 2024
REPUBLIC …………………………………………………….…PROSECUTOR
VERSUS
SAMUEL AMDANY CHESIRE………..………………..…………ACCUSED
JUDGMENT ON PLEA BARGAIN
1. Samuel Amdany Chesire was charged with the murder of his brother Kelvin Kimuge Chesire on 18/5/2024 at Kiplekwa village, Makutano, Seretunin Sub-Location, Ewalel Location within Baringo Central Sub-County Baringo County.
2. The charge was founded on section 203 as read with section 204 of the Penal Code.
203. Murder
Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.
204. Punishment of murder
Any person convicted of murder shall be sentenced to death.
3. When the charge was read to him on 11/6/2024 he denied the same and a plea of not guilty was entered.
4. On 24/9/2024 counsel for the accused person Mr. Kipkulei told the court that the family was asking for time to explore reconciliation.
5. The Plea Agreement negotiation process was completed by 26/11/2025, and the same was recorded by Hon Ngetich J as she then was . The accused person pleaded guilty to the agreed charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
202. Manslaughter
(1) Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed manslaughter.
(2) An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm.
205. Punishment of manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment for life.
6. The facts as read by the prosecution were that :-
7. On 18/5/2024 at 4 p.m. the accused and deceased who were brothers went to Kabarnet town for shopping. While there they bought 3 bottles of alcohol called Best Gin . They had agreed that each was to take one and half as they had contributed the purchase money. They went back home using accused’s motor bike after buying alcohol. On reaching home they started taking the alcohol each taking one bottle. They remained with one which the deceased put in his pocket and went to Seretunin centre to buy miraa. After half an hour the deceased returned and accused asked for his half bottle of alcohol. When he removed the alcohol, deceased had taken more than half. They quarreled and deceased took a knife he had and stabbed accused twice on his left hand.
8. After being stabbed accused took a whip and hit the deceased on the head and he fell down. Accused run away and locked himself in his house. Neighbours responded to the noise and found deceased having died. They reported to the chief and police. Police went to the scene and arrested accused. Both of them were taken to Baringo County Referral Hospital.
9. Postmortem was conducted on 27/5/2024 and the doctor confirmed that cause of death was severe head injury secondary to blunt force trauma. Accused was arrested and charged with offence of murder which has now been reduced to manslaughter following plea bargain.
10. The accused pleaded guilty to the facts of the case.
He was convicted and the court ordered for a Pre-sentence Report.
11. It befell on me to sentence the accused person. The law empowering me to do this is section 200 as read with section 201 of the Criminal Procedure Code.
It states inter alia :-
200. Conviction on evidence partly recorded by one magistrate and partly by another
(1)……
(a) …………; or
(b)…………
(2) Where a magistrate who has delivered judgment in a case but has not passed sentence, ceases to exercise jurisdiction therein and is succeeded by a magistrate who has and exercises that jurisdiction, the succeeding magistrate may pass sentence or make any order that he could have made if he had delivered judgment.
(3)………....
(4) ............
HIGH COURT
201. Rules as to taking down of evidence
(1) .............
(2) The provisions of section 200 of this Act shall apply mutatis mutandis to trials held in the High Court.
12. The Pre-sentence Report was filed on 2/2/2026 by PACs Officer Thaimuta E. Gitonga , Baringo County.
13. I heard both the prosecution and the defence on sentence pursuant to section 137 I of the Criminal Procedure Code which states;
(1) Upon conviction, the court may invite the parties to address it on the issue of sentencing in accordance with section 216.
(2) In passing a sentence, the court shall take into account—
(a) the period during which the accused person has been in custody;
(b) a victim impact statement, if any, made in accordance with section 329C;
(c) the stage in the proceedings at which the accused person indicated his intention to enter into a plea agreement and the circumstances in which this indication was given;
(d) the nature and amount of any restitution or compensation agreed to be made by the accused person.
(3) Where necessary and desirable, the court may in passing a sentence, take into account a probation officer’s report .
14. For the prosecution Ms. Kosgei submitted that the DPP having considered the circumstances of the offence was not opposed to the recommendation by PACs that the accused be placed n Probation Supervision.
15. Mr. Kipkulei for the accused submitted that the prosecution had mitigated on their behalf to some extend – That the Accused was remorseful and regreted killing his brother; that he had not intended to but that it had happened due to out of drunkenness – that the family has forgiven him. That the biological family the community at large were ready to receive him at home That his children were under the care of their elderly grandmother after his wife left . That if placed on probation he would remain a law abiding citizen . That he had learnt the consequences of drunkenness –and in ability to control anger\. That he had been in custody since 2024. He asked that the period be taken into account in the sentence.
Analysis and Determination
16. Plea agreements are provided for under the Criminal Procedure Code section 137 A provides:-
137A. Plea agreement negotiation
(1) Subject to section 137B, a prosecutor and an accused person or his representative may negotiate and enter into an agreement in respect of—
(a) reduction of a charge to a lesser included offence;
(b) withdrawal of the charge or a stay of other charges or the promise not to proceed with other possible charges .
17. It may be initiated by the accused or the Prosecution – as provided for by section 137C.
18. In this case it was initiated by the accused person. The victim’s family is also the accused’s to family.
19. The presentence report by PACS is detailed. In the end the officer concludes and recommends that :-
The accused person before you is 30 years. He is married and a father of two children who are very young. After arrest his wife left the children to with her mother and left for Eldoret town. Her whereabouts currently not known ...His family is currently broken and children are highly suffering.
The deceased was his youngest brother. At the time of his death, the victim was single had no children . According to their parents, the family has held several family group conferences and decided to forgive him. They also involved the local leaders in the reconciliation and drew a reconciliation agreement which they deposited with the prosecution office and the police. The mother also confirmed that the family had reconciled with the offender and they had forgiven him. They pleaded with the court to have him granted a non-custodial sentence so that he could take care of his children.
According to the members of the community and the area assistant chief, the offender is not a threat to the security of the community members. Although it was claimed that he used to transport and sell 2 nd generation alcohol which is considered illicit brew he had never been arrested and therefore had no known other criminal offence. Considering that the family is ready to assist in rehabilitating him, the community has no problem with him being granted a non-custodial sentence. The assistant chief is ready to assist in supervision in case he is granted non-custodial sentence.
Considering the above sentiments from the community and the victim’s parents and siblings, we recommend the offender to be placed on probation for a period of three years. If granted, the probation office together with the family and the local administration will assist in
a) Providing Counselling to the offender considering the victim was his brother.
b) Assist him reconcile with his wife and take care of the children.
c) Work closely with his father to ensure a smooth relocation to Marigat as per the wish of the family.
d) Assist him resume his boda-boda business to take care of his family.
e) Conduct close supervision to ensure he does not reoffend.
20. I have carefully considered the submissions by counsel, victim impact statement, the circumstances of the offence, and the principles of sentencing as set out in the Sentencing Policy Guidelines.
21. In my considered view the outcome of this matter proceeds from the application of Alternative Justice where the family from where both the accused and the deceased came from got the opportunity to sit down, among themselves and with the community and the local administration to come up with a solution – in doing so – they had to identify the problem – the problem was that the accused and his brother had a drinking problem – the problem was that the accused and his brother had a drinking problem – they fought while drunk – it also emerged that accused was also involved in selling illicit alcohol – and though he had not been arrested - and charged – it I was now in the open – and he cannot afford to involve himself in that anymore. The other problem identified was the fact that the wife of accused had run away and abandoned the children – of tender years with her elderly mother . This require to be addressed. The local administration was going to support his supervisor.
22. In the circumstances of this case a kawaida sentence would not have addressed these issues. The law provides for sentence of up to life imprisonment for manslaughter.
23. We must acknowledge the power of Article 159(2) ( c) of the Constitution which provided that alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);
24. The success of plea agreement negotiations depends a lot on the Alternative Justice Systems out there that support and give credence to the reconciliation process, the restitution processes, the traditional dispute resolution mechanisms’ that provide cleansing ceremonies that bring closure without the violation of any rights, supplementing the probation supervision rehabilitation and re-integration process.
Disposition
25. The offender has been in custody since 27 th May 2025. He has served a year in custody. he has had time to reflect on his life and what led to the death of his brother.
26. In the circumstances, and acknowledging the role that will be played in this matter by the accused person, his family, the local administration, the community at large – I accept the recommendation and order that the accused be placed on probation supervision for three years.
He must avoid alcohol.
He will not sell illicit brew,
He will attend guiding and Counselling as and when required
He will work with the PACS officer to seek reconciliation with his wife so as to take care of their children.
He will Work closely with PACS and his father to ensure a smooth relocation to Marigat as per the wish of the family.
When the time comes he will carry out his boda-boda business with diligence and sobriety to earn a living .
He will abide by the supervision by the PACS officer prevent reoffend or committing any other offence .
27. Should be default on any aspect of the probation orders – he will risk the revocation of the Probation Order, pursuant to Cap 64 of Laws of Kenya.
28. The matter will be mentioned before the Deputy Registrar after three months for purposes of progress report by PACs.
Orders accordingly
RULING dated, signed and delivered virtually at Kabarnet High Court this 10 th June 2026
MUMBUA T MATHEKA
JUDGE
In the presence of :-
CA Momanyi/Gladys
Accused present
Kipkulei for accused
Koech for State
Ms. Amunga for PACs
JUDGMENT HCCRC E006 OF 2024 Page 2 of 2
IN THE HIGH COURT OF KENYA AT KABARNET
HCCRC NO. E006 OF 2024
REPUBLIC …………………………………………………….…PROSECUTOR
VERSUS
SAMUEL AMDANY CHESIRE………..………………..…………ACCUSED
JUDGMENT ON PLEA BARGAIN
1. Samuel Amdany Chesire was charged with the murder of his brother Kelvin Kimuge Chesire on 18/5/2024 at Kiplekwa village, Makutano, Seretunin Sub-Location, Ewalel Location within Baringo Central Sub-County Baringo County.
2. The charge was founded on section 203 as read with section 204 of the Penal Code.
203. Murder
Any person who of malice aforethought causes death of another person by an unlawful act or omission is guilty of murder.
204. Punishment of murder
Any person convicted of murder shall be sentenced to death.
3. When the charge was read to him on 11/6/2024 he denied the same and a plea of not guilty was entered.
4. On 24/9/2024 counsel for the accused person Mr. Kipkulei told the court that the family was asking for time to explore reconciliation.
5. The Plea Agreement negotiation process was completed by 26/11/2025, and the same was recorded by Hon Ngetich J as she then was . The accused person pleaded guilty to the agreed charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
202. Manslaughter
(1) Any person who by an unlawful act or omission causes the death of another person is guilty of the felony termed manslaughter.
(2) An unlawful omission is an omission amounting to culpable negligence to discharge a duty tending to the preservation of life or health, whether such omission is or is not accompanied by an intention to cause death or bodily harm.
205. Punishment of manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment for life.
6. The facts as read by the prosecution were that :-
7. On 18/5/2024 at 4 p.m. the accused and deceased who were brothers went to Kabarnet town for shopping. While there they bought 3 bottles of alcohol called Best Gin . They had agreed that each was to take one and half as they had contributed the purchase money. They went back home using accused’s motor bike after buying alcohol. On reaching home they started taking the alcohol each taking one bottle. They remained with one which the deceased put in his pocket and went to Seretunin centre to buy miraa. After half an hour the deceased returned and accused asked for his half bottle of alcohol. When he removed the alcohol, deceased had taken more than half. They quarreled and deceased took a knife he had and stabbed accused twice on his left hand.
8. After being stabbed accused took a whip and hit the deceased on the head and he fell down. Accused run away and locked himself in his house. Neighbours responded to the noise and found deceased having died. They reported to the chief and police. Police went to the scene and arrested accused. Both of them were taken to Baringo County Referral Hospital.
9. Postmortem was conducted on 27/5/2024 and the doctor confirmed that cause of death was severe head injury secondary to blunt force trauma. Accused was arrested and charged with offence of murder which has now been reduced to manslaughter following plea bargain.
10. The accused pleaded guilty to the facts of the case.
He was convicted and the court ordered for a Pre-sentence Report.
11. It befell on me to sentence the accused person. The law empowering me to do this is section 200 as read with section 201 of the Criminal Procedure Code.
It states inter alia :-
200. Conviction on evidence partly recorded by one magistrate and partly by another
(1)……
(a) …………; or
(b)…………
(2) Where a magistrate who has delivered judgment in a case but has not passed sentence, ceases to exercise jurisdiction therein and is succeeded by a magistrate who has and exercises that jurisdiction, the succeeding magistrate may pass sentence or make any order that he could have made if he had delivered judgment.
(3)………....
(4) ............
HIGH COURT
201. Rules as to taking down of evidence
(1) .............
(2) The provisions of section 200 of this Act shall apply mutatis mutandis to trials held in the High Court.
12. The Pre-sentence Report was filed on 2/2/2026 by PACs Officer Thaimuta E. Gitonga , Baringo County.
13. I heard both the prosecution and the defence on sentence pursuant to section 137 I of the Criminal Procedure Code which states;
(1) Upon conviction, the court may invite the parties to address it on the issue of sentencing in accordance with section 216.
(2) In passing a sentence, the court shall take into account—
(a) the period during which the accused person has been in custody;
(b) a victim impact statement, if any, made in accordance with section 329C;
(c) the stage in the proceedings at which the accused person indicated his intention to enter into a plea agreement and the circumstances in which this indication was given;
(d) the nature and amount of any restitution or compensation agreed to be made by the accused person.
(3) Where necessary and desirable, the court may in passing a sentence, take into account a probation officer’s report .
14. For the prosecution Ms. Kosgei submitted that the DPP having considered the circumstances of the offence was not opposed to the recommendation by PACs that the accused be placed n Probation Supervision.
15. Mr. Kipkulei for the accused submitted that the prosecution had mitigated on their behalf to some extend – That the Accused was remorseful and regreted killing his brother; that he had not intended to but that it had happened due to out of drunkenness – that the family has forgiven him. That the biological family the community at large were ready to receive him at home That his children were under the care of their elderly grandmother after his wife left . That if placed on probation he would remain a law abiding citizen . That he had learnt the consequences of drunkenness –and in ability to control anger\. That he had been in custody since 2024. He asked that the period be taken into account in the sentence.
Analysis and Determination
16. Plea agreements are provided for under the Criminal Procedure Code section 137 A provides:-
137A. Plea agreement negotiation
(1) Subject to section 137B, a prosecutor and an accused person or his representative may negotiate and enter into an agreement in respect of—
(a) reduction of a charge to a lesser included offence;
(b) withdrawal of the charge or a stay of other charges or the promise not to proceed with other possible charges .
17. It may be initiated by the accused or the Prosecution – as provided for by section 137C.
18. In this case it was initiated by the accused person. The victim’s family is also the accused’s to family.
19. The presentence report by PACS is detailed. In the end the officer concludes and recommends that :-
The accused person before you is 30 years. He is married and a father of two children who are very young. After arrest his wife left the children to with her mother and left for Eldoret town. Her whereabouts currently not known ...His family is currently broken and children are highly suffering.
The deceased was his youngest brother. At the time of his death, the victim was single had no children . According to their parents, the family has held several family group conferences and decided to forgive him. They also involved the local leaders in the reconciliation and drew a reconciliation agreement which they deposited with the prosecution office and the police. The mother also confirmed that the family had reconciled with the offender and they had forgiven him. They pleaded with the court to have him granted a non-custodial sentence so that he could take care of his children.
According to the members of the community and the area assistant chief, the offender is not a threat to the security of the community members. Although it was claimed that he used to transport and sell 2 nd generation alcohol which is considered illicit brew he had never been arrested and therefore had no known other criminal offence. Considering that the family is ready to assist in rehabilitating him, the community has no problem with him being granted a non-custodial sentence. The assistant chief is ready to assist in supervision in case he is granted non-custodial sentence.
Considering the above sentiments from the community and the victim’s parents and siblings, we recommend the offender to be placed on probation for a period of three years. If granted, the probation office together with the family and the local administration will assist in
a) Providing Counselling to the offender considering the victim was his brother.
b) Assist him reconcile with his wife and take care of the children.
c) Work closely with his father to ensure a smooth relocation to Marigat as per the wish of the family.
d) Assist him resume his boda-boda business to take care of his family.
e) Conduct close supervision to ensure he does not reoffend.
20. I have carefully considered the submissions by counsel, victim impact statement, the circumstances of the offence, and the principles of sentencing as set out in the Sentencing Policy Guidelines.
21. In my considered view the outcome of this matter proceeds from the application of Alternative Justice where the family from where both the accused and the deceased came from got the opportunity to sit down, among themselves and with the community and the local administration to come up with a solution – in doing so – they had to identify the problem – the problem was that the accused and his brother had a drinking problem – the problem was that the accused and his brother had a drinking problem – they fought while drunk – it also emerged that accused was also involved in selling illicit alcohol – and though he had not been arrested - and charged – it I was now in the open – and he cannot afford to involve himself in that anymore. The other problem identified was the fact that the wife of accused had run away and abandoned the children – of tender years with her elderly mother . This require to be addressed. The local administration was going to support his supervisor.
22. In the circumstances of this case a kawaida sentence would not have addressed these issues. The law provides for sentence of up to life imprisonment for manslaughter.
23. We must acknowledge the power of Article 159(2) ( c) of the Constitution which provided that alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms shall be promoted, subject to clause (3);
24. The success of plea agreement negotiations depends a lot on the Alternative Justice Systems out there that support and give credence to the reconciliation process, the restitution processes, the traditional dispute resolution mechanisms’ that provide cleansing ceremonies that bring closure without the violation of any rights, supplementing the probation supervision rehabilitation and re-integration process.
Disposition
25. The offender has been in custody since 27 th May 2025. He has served a year in custody. he has had time to reflect on his life and what led to the death of his brother.
26. In the circumstances, and acknowledging the role that will be played in this matter by the accused person, his family, the local administration, the community at large – I accept the recommendation and order that the accused be placed on probation supervision for three years.
He must avoid alcohol.
He will not sell illicit brew,
He will attend guiding and Counselling as and when required
He will work with the PACS officer to seek reconciliation with his wife so as to take care of their children.
He will Work closely with PACS and his father to ensure a smooth relocation to Marigat as per the wish of the family.
When the time comes he will carry out his boda-boda business with diligence and sobriety to earn a living .
He will abide by the supervision by the PACS officer prevent reoffend or committing any other offence .
27. Should be default on any aspect of the probation orders – he will risk the revocation of the Probation Order, pursuant to Cap 64 of Laws of Kenya.
28. The matter will be mentioned before the Deputy Registrar after three months for purposes of progress report by PACs.
Orders accordingly
RULING dated, signed and delivered virtually at Kabarnet High Court this 10 th June 2026
MUMBUA T MATHEKA
JUDGE
In the presence of :-
CA Momanyi/Gladys
Accused present
Kipkulei for accused
Koech for State
Ms. Amunga for PACs
JUDGMENT HCCRC E006 OF 2024 Page 2 of 2