[2023] KEHC 25550 (KLR)
The court accepted the plea bargaining agreement, reducing the charge from murder to manslaughter, after confirming that the agreement was properly entered into by the convict, the victim's family, and the State. In determining sentence, the court weighed the brutality and avoidability of the offence, the use of a...
Source-derived case information.
- Citation
- [2023] KEHC 25550 (KLR)
- Parties
- Appellant: Erick Kibet Kosgei; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 60 of 2020
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- conviction for manslaughter; sentenced to 10 years imprisonment from October 15, 2020
- Judges
- RN Nyakundi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation and Aggravation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Erick Kibet Kosgei
Appellant
Republic
Respondent
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the plea bargaining agreement for a lesser offence of manslaughter was properly entered and accepted by the court.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court accepted the plea bargaining agreement, reducing the charge from murder to manslaughter, after confirming that the agreement was properly entered into by the convict, the victim's family, and the State. In determining sentence, the court weighed the brutality and avoidability of the offence, the use of a dangerous weapon, and the fact that the deceased sought refuge at the convict's homestead. While aggravating factors were significant, the court also considered the convict's status as a first offender, his age, and the potential for reform. Balancing these considerations, the court imposed a custodial sentence of 10 years, effective from the date of arrest, finding this...
Court Disposition
conviction for manslaughter; sentenced to 10 years imprisonment from October 15, 2020
Orders
- The convict is sentenced to 10 years imprisonment effective from October 15, 2020.
- The right of appeal to the Court of Appeal within 14 days is explained.
Full Case Text
Judgment text and source record
19 paragraphs
Kosgei v Republic (Criminal Case 60 of 2020) [2023] KEHC 25550 (KLR) (21 November 2023) (Sentence)
Neutral citation: [2023] KEHC 25550 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Case 60 of 2020
RN Nyakundi, J
November 21, 2023
Between
Erick Kibet Kosgei
Appellant
and
Republic
Respondent
Sentence
1. The convict was initially charged of murder contrary to section 203 as read with section 204 of the penal code. The particulars of the offence are that on the 7th day of October, 2020 at Chebarus village, Moiben sub-County within Uasin Gishu County he murdered Stephen Wekesa. Soon before the trail will commence the defence moved a motion in terms of section 137 (A) & 137(M) of the criminal procedure code seeking leave of the court for plea bargaining agreement for the state to consider a less offence of Manslaughter contrary to section 202 as read with section 205 of the Penal Code. As a consequence, the plea negotiations undertaken between the convict, the victim family, and the state gave rise to a plea bargaining agreement duly admitted by this court on November 21, 2023. The less offence of manslaughter was duly administered upon the convict who entered a plea of guilty and subsequently conviction of that offence entered by this court. Thereafter, both parties submitted orally on aggravating and mitigating factors for purposes of this court to exercise discretion in favour of the convict with regard to sentence.
2. In considering the appropriate penalty to impose I have identified the following factors as critical:a.Gravity of the offenceb.The character of the convict and that he has no previous record which will negatively impact the type of sentence to be imposed by this courtc.The design and manner of execution of the offence. This is all captured in the factual matrix factored in the plea agreement instrument.
3. Simply this offence of killing the deceased was avoidable had the convict exercised good judgement. The use of a dangerous weapon like a knife was uncalled for in circumstances in which the deceased had gone to seek refuge at the homestead of the accused family to safeguard his right to life in article 26 of the constitution. I have considered the mitigation factors fundamentally submitted by learned counsel Mr. Okungu on behalf of the convict, the sentiments that would be otherwise appropriate was it not for the weight I accord to aggravating factors. This was a very brutal and heinous crime which I am convinced beyond a reasonable doubt that the convict deserves a stiffer penalty. However, as the facts reveal there are other considerations of the convict being a first offender, his age, the likelihood of him reforming to become a better member of our society calls for this court to impose a 10year custodial sentence with effect from October 15, 2020.
4. 14 days right of appeal to the court of appeal explainedOrders accordingly
DATED, SIGNED AND DELIVERED AT ELDORET THIS 21ST DAY OF NOVEMBER, 2023. In the presence ofMr. Mugun for the StateAppellant……………………………..R. NYAKUNDIJUDGE