Kabarnet court has sentenced a middle aged man for a 3-year probation sentence after it found him guilty of manslaughter.
Senior Principal Magistrate (SPM) Paul Biwott said in his judgement that the probation office report found it in his favor and sentenced him to serve 3-year probation with appeal within 14 days.
Nahashon Kipyego Obiero had been charged that on January 10, 2019 at Kuryondonin village in Kaprogonya sub location, Baringo Central sub-county, he killed Albert Okila contrary to section 203 as read with 204 of the criminal procedure code.
He had pleaded not guilty to the charges as six prosecution witnesses testified to the contrary before the court ruled that he be presented to Baringo county probation office for assessment.
The court heard that the accused and the deceased were involved in a fist fight on the evening of the fateful day whereby the accused had hit the deceased with a piece of wood on the head causing massive bleeding through the nose.
At the time of attack, the deceased sustained depressed skull below the scalp and his right leg had abrasions.
Neighbors came and helped the deceased to a motorcycle to Kabarnet referral hospital accompanied by another brother Wesly Okila. The accused followed later and stayed till late evening at the hospital.
In her statement, Gladys Cherotich the wife of the accused said her husband and the deceased were both drunk and were arguing over a missing chang’aa pot and that he did not hit the deceased.
The deceased who was taken to casualty department and immediately transferred to the Intensive care unit (ICU) later succumbed to the injuries the same evening.
The court also heard that Grace Tungo Okila who is the mother of both the accused and deceased, saw the two fighting and asked Cherotich to separate them since she was too sick and afraid.
The post mortem report produced in court indicated that the deceased died of a head injury due to a trauma following an assault.
In his defense, the accused stated that the deceased who was his brother had hit a door frame and sustained injuries but also claimed that he had been hit earlier but could not say by who.
By Caroline Cherono and Christopher Kiprop
