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Republic v Otanga (Criminal Case E001 of 2024) [2025] KEHC 13477 (KLR) (30 September 2025) (Sentence)

Republic v Otanga (Criminal Case E001 of 2024) [2025] KEHC 13477 (KLR) (30 September 2025) (Sentence)
Citation
Republic v Otanga [2025] KEHC 13477 (KLR)
Media Neutral Citation
[2025] KEHC 13477 (KLR)
Court
High Court
Court station
High Court at Kakamega
Outcome
Convicted
Case number
Criminal Case E001 of 2024
Attorneys
Mr. Maonga holding brief for Ms. Mokeira,
Judges
AC Bett
Judgment date
30 September 2025
Language
English
Type
Judgment
Original source file
Download DOCX (125.7 KB)
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Date published
01 October 2025
Case action
Sentence
Court division
Criminal
Filing county
Kakamega
Order
The Accused to ten (10) years imprisonment to run from 21st December 2023 when the Accused was first arrested and placed in custody.
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1.The Accused Emmanuel Kero Otanga pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after entering into a Plea Agreement with the State.
2.The Accused and the deceased were brothers who got into an altercation after drinking. During the commotion, the accused hit the deceased with a stick occasioning him the fatal injuries.
3.Upon conviction, the Accused pleaded for leniency through his Advocate Ms. Repha. She stated that the Accused is a father of two with no one left to take care of his children as he is the sole breadwinner. He pleaded for a five (5) year custodial sentence.
4.On her part, Ms. Chala stated that although the Accused was a first offender and had saved the court’s time by pleading guilty, he had committed a felony through an unwarranted attack on his brother. She urged the court that the Accused needs time to reform. The prosecution
5.The pre-sentence report states that the Accused expressed remorse while taking responsibility of his actions. It further states that the victim’s family, while not being opposed to rehabilitation feels that it is too soon to release the Accused as the family needs time to heal as well as to resettle the Accused in line with customary dictates.
6.I have carefully considered the circumstances under which the offence was committed and the extent of the injuries inflicted on the deceased as well as the pre-sentence report. I sentence the Accused to ten (10) years imprisonment to run from 21st December 2023 when the Accused was first arrested and placed in custody.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 30TH DAY OF SEPTEMBER 2025.A. C. BETTJUDGEIn the presence of:Ms. Chala for the ProsecutionMr. Maonga holding brief for Ms. Mokeira for the AccusedCourt Assistant: Polycap
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