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JudgmentThe Republic VS ALEX KIROYIAN KIPISE3 min read

The Republic VS ALEX KIROYIAN KIPISE

High Court at Kajiado High Court · · Stella Mutuku

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAJIADO

CRIMINAL CASE NO. E001 OF 2023

REPUBLIC…………………………………………………………………….PROSECUTOR

VERSUS

ALEX KIROYIAN KIPISE…………………………………………………………ACCUSED

RULING ON SENTENCE

  1. Alex Kiroyian Kipise, the accused, was initially charged with murder contrary to section 203 as read with section 204 of the Penal Code. He was accused of killing Joseph Koinari Kiroyian on 23rd January 2023 at Leboo sublocation Meto Location within Kajiado County. Before the case commenced hearing the accused and the prosecution entered into a plea-bargaining agreement in which the offence was reduced to manslaughter to which the accused pleaded guilty.
  2. Plea bargaining proceedings were conducted on 14th June 2024. The accused pleaded guilty to manslaughter and admitted the facts presented to court by the prosecution counsel as correct. This court entered a plea of guilty and convicted him on his own plea of guilty. This ruling relates to the sentence for the offence of manslaughter.
  3. The facts of the case as presented show that on 23rd January 2023, the accused found cattle belonging to the deceased grazing in his shamba. Both are brothers. The accused drove the cattle to his homestead and restrained them there. The deceased went looking for his cattle. He arrived at the homestead of the accused. Both held machetes (pangas) in their hands. The accused, on seeing the deceased approaching his homestead rushed towards him and without communication, the two brothers started fighting. The deceased was overpowered after being cut at the knees of both legs. He fell and while in a sitting position, the accused cut him twice on the head. The deceased lay down while bleeding profusely while crying. The accused tried to attack another brother called Mooche who was standing by but Mooche ran away. The accused took both pangas with blood stains and went into hiding.
  4. The matter was reported to the area Chief who called the police and took the body of the deceased to Kajiado County Referral Hospital mortuary for preservation. The accused was arrested the following day. He was found with cut wounds and was rushed to Kajiado County Referral Hospital for treatment. Postmortem was conducted on the body of the deceased and the cause of death was confirmed to be head injury due to sharp force trauma.
  5. In mitigation, this court was told by Mr. Kibet Korir, learned counsel representing the accused, that the accused fought with the deceased and sustained injuries on his body while the deceased died due to excessive bleeding as a result of the injuries he had sustained. That the accused has been reflecting on his actions and regrets what befell his brother; that he has had no peace of mind and that he did not intend to cause the death of his brother and that he is remorseful.
  6. It was further submitted that the accused has a young family and that the wife is having difficulties raising the children on her own; that the family has relocated to Kajiado town where the wife does menial jobs to sustain the family. Mr. Kibet asked the court to give the accused a non-custodial sentence.
  7. On the other hand, the prosecution counsel submitted the victim of this crime was a brother to the accused who had a young family; that due to the actions of the accused, the children of the deceased have been left without a father due to the actions of the accused over grazing land. Counsel submitted that custodial sentence would be appropriate for the accused.
  8. This court called for a pre-sentence report which I have read. While I note that both the deceased and the accused held pangas when they confronted each other, it is my finding that the accused used excessive force and continued to inflict cut wounds on the deceased even when the deceased had been overpowered and had fallen on the ground. If it is true that the accused was defending himself, he ought to have stopped attacking the deceased after he had overpowered him.
  9. In the circumstances, it is my considered view that the accused ought to serve some time in jail before being supervised by the probation officers. I therefore sentence the accused to serve one (1) year imprisonment after which he will be placed before probation supervision for two (2) years.
  10. Additionally, this court has no problem with the families reconciling in the traditional way.
  11. Orders accordingly.

Dated, signed and delivered this 17th day of January 2024.

    The Republic VS ALEX KIROYIAN KIPISE The Republic VS ALEX KIROYIAN KIPISE