[2014] KEHC 5976 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and demonstrated remorse, was a first offender who committed the offence under the influence of alcohol and cannabis. The accused had already spent seven years in custody, during which he underwent rehabilitation and medical treatment. The...
Source-derived case information.
- Citation
- [2014] KEHC 5976 (KLR)
- Parties
- Applicant: Republic; Defendant: Anthony Kibet Chepkwony
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2007
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- non-custodial sentence; probation granted
- Judges
- JK Sergon
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation, Substance Abuse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Anthony Kibet Chepkwony
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating factors should influence the sentence imposed on the accused.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and demonstrated remorse, was a first offender who committed the offence under the influence of alcohol and cannabis. The accused had already spent seven years in custody, during which he underwent rehabilitation and medical treatment. The Probation Officer's report indicated that the accused's family, clan, and community were willing to accept him back, and recommended a non-custodial sentence to allow for traditional cleansing and reintegration. The court determined that a non-custodial sentence would best serve the interests of justice, rehabilitation, and community harmony, and therefore ordered the accused to...
Court Disposition
non-custodial sentence; probation granted
Orders
- The accused is set free from custody.
- The accused shall serve three years probation in each count under the supervision of the Probation Officer, Sotik District.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 21 OF 2007
REPUBLIC ….................................................PROSECUTOR
VERSUS
ANTHONY KIBET CHEPKWONY …..................... ACCUSED
SENTENCE
Anthony Kibet Chepkwony, the accused herein, is before this court to face a charge of two counts of Murder contrary to Section 203as read with Section 204 of the Penal Code. The particulars of the offences are that on 18th day of June, 2007 at Ndanai location in Bomet District within Rift Valley Province, he murdered Nicholas Kipngetich Chepkwony and Benaline Chepkwony in counts I and II respectively. Pursuant to the plea agreement dated 23rd January, 2014, the accused pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with 205 of the Penal Code. Upon conviction this court invited the accused's advocate to make submissions on mitigation. I also called for a Probation report on the accused.
I have considered both the facts in mitigation submitted by Mr. Maengwe, learned advocate for the accused and the Probation Officer's report. The deceased persons are the accused's daughter and younger brother. He committed the offences without malice aforethought but did so under the influence of alcohol and abuse of cannabis sativa. While in custody the accused underwent medical treatment and it would appear he has fully recovered from the above substances. From the mitigating factors, it is apparent that the accused is a first offender who is remorseful. The Probation Officer, Sotik District, prepared and filed a comprehensive Probation report on the accused. The report shows that the accused dropped out of school when his parents separated and was engaged as a tea plucker. It is also stated that he had matrimonial differences with his wife over fidelity issues. While plucking tea the accused started smoking bhang and became addicted to it. He also went to heavy drinking. On a positive note, the Probation officer recommended for the accused to be given a non-custodial sentence to enable him undergo the Kipsigis traditional cleansing ritual. The family, clan members, the community and the local administration are ready to accept the accused back to society. The accused has been in custody for the last seven (7) years. The long custodial period was due to the accused's mental ailment and the fact that his first advocate passed on. After a careful consideration of all the relevant factors I am convinced this is case fit to pronounce a non-custodial sentence. This will enable the accused to be rehabilitated and re-integrated into society. The home environment is conducive and ready to welcome him back. I hereby set the accused free from custody and order that he serves three(3) years probation in each count under the supervision of the Probation Officer Sotik, District. The sentences to run concurrently. Within this period, the accuse must exhibit good behaviour and follow the guidelines given to him by the Probation Officer.
Dated, signed and delivered in open court this 20th day of March, 2014.
J.K. SERGON
JUDGE
In the presence of
Mr. Lopokoiyit for Director of Public Prosecutions
Mr. Motanya advocate for Accused