Court jails man for killing despite tribal cleansing

The High Court has sentenced a man to seven years in prison for manslaughter following a plea bargain and a customary compensation process.

Emmanuel Siwamwai admitted to unlawfully killing Moses Siwanyang on January 2 at Timoi village in West Pokot county. 

The court at Kapenguria heard that Siwamwai, originally charged with murder, changed his plea to manslaughter on May 19. 

After the killing, both families performed ‘lapai’, the Pokot traditional practice of compensating the deceased’s relatives.

The defence pleaded for leniency, pointing out that the accused had presented himself to the police station and pleaded guilty without wasting judicial time. 

Counsel also underscored the traditional reconciliation. 

“He urged the court to be lenient and relied on the case of Abdi Abdulali -V- Republic (2012) eKLR (electronic Kenya Law Reports), where the deceased’s family was paid camels and the court released the accused who had served two years in remand,” court documents show. 

The prosecution treated Siwamwai as a first offender, having no record of previous convictions.

A pre-sentence report revealed that Siwamwai was otherwise of good character but had been drinking alcohol, “which contributed to his committing the offence”.

Justice Roseline Wendoh acknowledged the mitigating factors, including the guilty plea and the lapai. 

“Accused is a young man with a young family of which he is the sole breadwinner but it is also remembered that he took away a life whose family has suffered deep loss and the love of a husband, father, son and brother,” the judge said.  

The court emphasised that restorative justice to address losses and damages was addressed through the traditional 'Lapai' compensation provided some remedy, but the court still had a duty to uphold the law. 

The judge considered retribution to punish the offender justly and to discourage both the offender and others from committing similar crimes, while balancing mercy with public denunciation.

“However, the court has to give a deterrent sentence to warn would-be offenders that they will not kill and walk away easily. Secondly, the offence was committed recently and despite the compensation, there is need for healing of emotions and rehabilitation of the offender.”

Justice Wendoh outlined the court's rationale for a custodial period, including community protection, rehabilitation to enable the offender reform and become law-abiding and reconciliation to mend relationships between the offender, the victim and the community. 

In reaching the sentence, the judge said that while rehabilitation and reintegration are vital, deterrence and community protection also demanded a custodial term.  

“Taking all the above into mind, this court sentences the accused to seven years imprisonment. The sentence will commence on January 29, 2026, when the accused was arraigned in court.”