Why court freed man who killed his father

The High Court has set free a casual labourer who killed his father by stabbing him with an arrow.

Kipkogei Ruto was initially charged with the murder of his father Kipruto Arusei on July 1, 2016, at Kuresoi in Nakuru. 

He, however, entered a plea bargain with the prosecution on January 22, 2019, and admitted to a lesser charge of manslaughter.

While sentencing Ruto, Justice Janet Mulwa sitting in Nakuru ruled that the five years the man had served in remand was enough punishment for the offence.

Justice Mulwa also ruled that the man's mitigation proved he was ready to desist from any criminal disposition and become a lawful binding citizen.

"Upon taking all factors into consideration, it is my opinion that a non-custodial sentence, which his (accused) family, the community and the area administration have recommended, is appropriate," she ruled.

First offender

Mulwa thus sentenced Ruto to time already served while in remand, saying that he was a first offender and remorseful.

"I therefore, upon exercise of my judicial peculiar circumstances leading to commission of offence, sentence the accused to the period he has so far served in custody – five years and 22 days," she ruled.

Ruto's testimony, which corroborated the facts by the prosecution, proved he was defending himself against his father's brutality.

The court established that at the time of the incident, his father, who was drunk, attempted to hurt and injure him using a bow and arrows following a quarrel.

"The court has established that in an attempt to defend himself, the accused stabbed his father with an arrow, which killed him," ruled Mulwa.