[2020] KEHC 6401 (KLR)
The court found that, despite the accused's status as a first offender, his youth, and his remorseful plea of guilty to manslaughter, the gravity of the offence—killing his wife with a sharp object while both were intoxicated—outweighed the mitigating factors. The court determined that a non-custodial sentence was...
Source-derived case information.
- Citation
- [2020] KEHC 6401 (KLR)
- Parties
- Respondent: Republic; Defendant: Benard Kiptonui Ruto
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 8 years imprisonment for manslaughter
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Benard Kiptonui Ruto
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 and aggravating factors should influence the sentence for manslaughter.
Ratio Decidendi
The court found that, despite the accused's status as a first offender, his youth, and his remorseful plea of guilty to manslaughter, the gravity of the offence—killing his wife with a sharp object while both were intoxicated—outweighed the mitigating factors. The court determined that a non-custodial sentence was inappropriate given the loss of life and the opposition from the deceased's family. Accordingly, the accused was sentenced to eight years' imprisonment as a proportionate response to the offence and circumstances.
Court Disposition
accused sentenced to 8 years imprisonment for manslaughter
Orders
- The accused is sentenced to 8 years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.19 OF 2018
REPUBLIC..............................PROSECUTOR
VERSUS
BENARD KIPTONUI RUTO........ACCUSED
SENTENCE
1. The accused person herein pleaded guilty to the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code after entering into a plea bargaining agreement.
2. In mitigation defence counsel Mr. sang informed the court that the accused was a first offender, had 3 school going children and that both the accused person and the deceased (who was his wife) were drunk when the incident occurred. Counsel prayed for leniency in sentencing the accused.
3. Mr. Ayodo for the State on the other hand urged the court to take into account the fact that a precious life had been lost, and the family of the deceased had lost their loved member.
4. In addition to the above submissions of the defence counsel and counsel for the State, this court was availed a pre-sentence report prepared by Francis Obanyi Probation Officer Kericho in which it was noted that the accused was a 33 year old father of 3 and had asked for leniency but the family of the deceased opposed a non-custodial sentence.
5. I have considered that the accused is a first offender, he is fairly young at 33 years of age, and is remorseful and did not waste the court time by pleading guilty to manslaughter. Though the deceased was drunk and could not cook for the children, the accused used a sharp object to kill her. A non custodial sentence is not suitable. I sentence the accused person to 8 years imprisonment.
Dated this 30th day of April 2020.
GEORGE DULU
JUDGE
Delivered through video conferencing in the presence of Mr. Langat court assistant, Mr. Musyoka ICT officer, Ms Fundi for state, Mr. Sang for accused and accused.