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Rotich, who is now 19 years old, accidentally killed his elder brother when he was only 15 years old.
- His lawyer had urged the court to treat him as a minor because be committed the offence when he was only 15.
Image: FELIX KIPKEMOI
A teenager who killed his brother three years ago when he was still a minor has gotten reprieve after the court sentenced him to three years' probation.
Emmanuel Rotich, who is now 19 years old, accidentally killed his elder brother when he was only 15 years old.
According to court records, Rotich had gone to rescue his brother’s wife who was being assaulted and it was during the altercation that his brother died.
He was initially charged with the offence of murder and was in remand for a year.
Rotich later changed his plea to guilty and asked for a plea bargain.
The state substituted the murder charge with the lesser charge of manslaughter.
In her ruling, Bomet High Court judge Roseline Korir said she had considered reports, especially the fact that the family had reconciled and forgiven further noting that the accused was remorseful.
Justice Korir also said the voice of the victims was very important.
“They have demonstrated their intention to rehabilitate and reintegrate the accused through their traditional system to which they willingly subscribe,” the judgement reads in part.
The court also said the accused was in custody for one year before being released and he has saved judicial time by entering a plea bargain so he deserved leniency.
He was sentenced to serve three years' probation and one of the conditions is he had to show evidence of his continuing education during his probation.
The court further said the facts of the case were very unfortunate because Rotich had gone to the rescue of his sister-in-law who was being assaulted and, in an attempt to save her, hit his brother who died from the injuries.
“The family of the victim is therefore also the offender’s family,” the court said.
His grandfather had attended court and said the family of the accused and the deceased had conducted traditional cleansing and reconciliation and forgiven the boy and were ready to receive him back if released by court.
The children officer, while presenting his report, urged the court to direct that the accused be taken through counselling.
Rotich’s lawyer had urged the court to treat him as a minor because be committed the offence when he was only 15.
He further said Rotich was a student, though still in primary school, and has never breached his bond terms, adding that the death was unfortunate.
(edited by Amol Awuor)