1. The accused, Dominic Kiptoo David, was on 19th March 2026 convicted by this Court of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code, the Court having found that while he unlawfully caused the death of Jared Gichana Ogeto on 19th May 2022 at Metamaywa Trading Centre within Nyamira County, the prosecution did not prove malice aforethought as required for the offence of murder . The matter now falls for sentencing.
2. In determining the appropriate sentence, the Court has considered the entire record, the mitigation by counsel for the accused dated 10th March 2026, the Victim Impact Statement Report dated 21st April 2026, and the Pre-Sentence Inquiry Report filed by the Probation and Aftercare Service. The Court has further taken into account the Constitution of Kenya, 2010, in particular Article 26 which guarantees the right to life and affirms the sanctity of human life, as well as Articles 10 and 50 which underscore the values of human dignity, equity, fairness and justice in judicial proceedings.
3. The Victim Impact Statement Report demonstrates the grave and enduring impact of the offence upon the family of the deceased, Jared Gichana Ogeto, a respected member of the community whose violent death has occasioned profound emotional and social disruption . The Court has duly considered the loss suffered and the need for a sentence that acknowledges the sanctity of life.
4. The Pre-Sentence Inquiry Report presents the accused as a first offender, a young adult of approximately 30 years, with identifiable family and community ties. The report confirms that there was no prior animosity between the accused and the deceased and that the incident arose in circumstances where the accused mistakenly believed that the deceased was a thief.
5. The Court is guided by the Sentencing Policy Guidelines, 2023, which require that sentencing be proportionate to the gravity of the offence and the culpability of the offender, while advancing the objectives of retribution, deterrence, rehabilitation and community protection .
6. The aggravating factors in this case include the use of excessive and unlawful force, the use of multiple weapons, and the severe injuries inflicted upon the deceased leading to his death. The loss of life is the gravest harm known to the law and must be treated with the seriousness it deserves.
7. The mitigating factors are, however, substantial. The accused is a first offender. He did not act with malice aforethought. The Court found that he acted under a mistaken belief that the deceased was a thief. There was no evidence of premeditation or prior grudge. The offence arose spontaneously. The accused has remained in custody since 19th May 2022.
8. As at the date of this sentencing, the accused has been in custody for a period of approximately three (3) years and eleven (11) months, which period the Court is obligated to take into account pursuant to section 333(2) of the Criminal Procedure Code.
9. In balancing the aggravating and mitigating factors, the Court is mindful that while the offence resulted in the loss of life, the degree of culpability is reduced by the absence of malice aforethought and the circumstances under which the offence was committed. A sentence that is unduly harsh would offend the principle of proportionality, while a sentence that is too lenient would fail to reflect the seriousness of the offence.
10. Taking all the circumstances of this case into account, the Court is satisfied that a custodial sentence of limited duration will meet the ends of justice, while still reflecting the gravity of the offence and the constitutional imperative to protect the right to life.
11. Accordingly, the accused, Dominic Kiptoo David, is hereby sentenced to serve five (5) years imprisonment, the sentence to run from 19th May 2022, being the date of his arrest, in compliance with section 333(2) of the Criminal Procedure Code.
2. In determining the appropriate sentence, the Court has considered the entire record, the mitigation by counsel for the accused dated 10th March 2026, the Victim Impact Statement Report dated 21st April 2026, and the Pre-Sentence Inquiry Report filed by the Probation and Aftercare Service. The Court has further taken into account the Constitution of Kenya, 2010, in particular Article 26 which guarantees the right to life and affirms the sanctity of human life, as well as Articles 10 and 50 which underscore the values of human dignity, equity, fairness and justice in judicial proceedings.
3. The Victim Impact Statement Report demonstrates the grave and enduring impact of the offence upon the family of the deceased, Jared Gichana Ogeto, a respected member of the community whose violent death has occasioned profound emotional and social disruption . The Court has duly considered the loss suffered and the need for a sentence that acknowledges the sanctity of life.
4. The Pre-Sentence Inquiry Report presents the accused as a first offender, a young adult of approximately 30 years, with identifiable family and community ties. The report confirms that there was no prior animosity between the accused and the deceased and that the incident arose in circumstances where the accused mistakenly believed that the deceased was a thief.
5. The Court is guided by the Sentencing Policy Guidelines, 2023, which require that sentencing be proportionate to the gravity of the offence and the culpability of the offender, while advancing the objectives of retribution, deterrence, rehabilitation and community protection .
6. The aggravating factors in this case include the use of excessive and unlawful force, the use of multiple weapons, and the severe injuries inflicted upon the deceased leading to his death. The loss of life is the gravest harm known to the law and must be treated with the seriousness it deserves.
7. The mitigating factors are, however, substantial. The accused is a first offender. He did not act with malice aforethought. The Court found that he acted under a mistaken belief that the deceased was a thief. There was no evidence of premeditation or prior grudge. The offence arose spontaneously. The accused has remained in custody since 19th May 2022.
8. As at the date of this sentencing, the accused has been in custody for a period of approximately three (3) years and eleven (11) months, which period the Court is obligated to take into account pursuant to section 333(2) of the Criminal Procedure Code.
9. In balancing the aggravating and mitigating factors, the Court is mindful that while the offence resulted in the loss of life, the degree of culpability is reduced by the absence of malice aforethought and the circumstances under which the offence was committed. A sentence that is unduly harsh would offend the principle of proportionality, while a sentence that is too lenient would fail to reflect the seriousness of the offence.
10. Taking all the circumstances of this case into account, the Court is satisfied that a custodial sentence of limited duration will meet the ends of justice, while still reflecting the gravity of the offence and the constitutional imperative to protect the right to life.
11. Accordingly, the accused, Dominic Kiptoo David, is hereby sentenced to serve five (5) years imprisonment, the sentence to run from 19th May 2022, being the date of his arrest, in compliance with section 333(2) of the Criminal Procedure Code.