[2014] KEHC 1086 (KLR)
The court found that the accused, having pleaded guilty to manslaughter following a plea bargain, was responsible for the unlawful killing of his father without provocation. The court considered the gravity of the offence, the lack of provocation, and the fact that the accused initiated the attack. The court also...
Source-derived case information.
- Citation
- [2014] KEHC 1086 (KLR)
- Parties
- Applicant: Republic; Defendant: Bernard Kipngeno Langat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2013
- Procedural Posture
- Criminal Case / Ruling on Sentence
- Outcome
- The accused is sentenced to four years imprisonment for manslaughter.
- Judges
- HI Ong'udi
- 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
Applicant
Bernard Kipngeno Langat
Defendant
Procedural Posture
Criminal Case / Ruling on Sentence
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter after plea bargaining.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and time spent in custody.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter following a plea bargain, was responsible for the unlawful killing of his father without provocation. The court considered the gravity of the offence, the lack of provocation, and the fact that the accused initiated the attack. The court also took into account the probation officer's report and the period the accused had already spent in custody (one year and nine months). Balancing these factors, the court determined that a custodial sentence of four years imprisonment was appropriate to reflect the seriousness of the offence while recognizing the time already served.
Court Disposition
The accused is sentenced to four years imprisonment for manslaughter.
Orders
- The accused is sentenced to four years imprisonment.
- The sentence takes into account the period already spent in custody.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 12 OF 2013
REPUBLIC …………………………..….... PROSECUTOR
VERSUS
BERNARD KIPNGENO LANGAT ………….... ACCUSED
RULING ON SENTENCE
1. The accused was initially charged with Murder which was later reduced to Manslaughter contrary to Section 202as read with Section 205 of the Penal Codeafter a plea bargaining arrangement.
The circumstances leading to the commission of the offence are clearly set out in the facts.
The deceased was the accused person's father. He did not attack the accused. It is the accused who went to his father's house at night and attacked the father. This was uncalled for.
I have carefully studied the report by the Probation Officer, and have considered it. I have also considered that the accused has been in custody for one (1) year plus nine (9) months.
He is sentenced to four (4) years imprisonment. Orders accordingly.
Dated, signed and delivered this 17th day of December, 2014
H.I. ONG'UDI
JUDGE
In the presence of ;
M/S Munyolo for State
Mr. Mutai for Mr. Ng'eno for Accused
Accused – present in person
Lagat – Court Assistant
Interpretation – English/Kipsigis