[2021] KEHC 8563 (KLR)
The court found that the accused, Bernard Langat, caused the death of his daughter by using excessive force while disciplining her, but did not intend to kill. The plea agreement reducing the charge from murder to manslaughter was accepted. The court considered the accused's remorse, the tragic circumstances, and...
Source-derived case information.
- Citation
- [2021] KEHC 8563 (KLR)
- Parties
- Respondent: Republic; Defendant: Bernard Langat
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 69 of 2016
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted of manslaughter and sentenced to 5 years' imprisonment from 25th November 2016
- Judges
- HK Chemitei
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Excessive Force, Child Victim
- 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
Republic
Respondent
Bernard Langat
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused is guilty of manslaughter as per the plea agreement.
- 2 What is the appropriate sentence considering the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, Bernard Langat, caused the death of his daughter by using excessive force while disciplining her, but did not intend to kill. The plea agreement reducing the charge from murder to manslaughter was accepted. The court considered the accused's remorse, the tragic circumstances, and the fact that he had already been in custody for about five years. Taking these factors into account, the court sentenced the accused to five years' imprisonment from the date of his initial remand, effectively recognizing the time already served.
Court Disposition
convicted of manslaughter and sentenced to 5 years' imprisonment from 25th November 2016
Orders
- The accused is sentenced to 5 years' imprisonment from 25th November 2016.
- It is noted that the accused has been in custody all through.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO.69 OF 2016
REPUBLIC....................................................PROSECUTION
VERSUS
BERNARD LANGAT..............................................ACCUSED
RULING ON SENTENCING
1. The accused had been charged with the murder of her daughter JUDY CHEPKURUI on 18th November 2016 at Baraget location Kuresoi County within Nakuru County. In the cause of time the parties entered into a plea agreement and the offence was reduced to manslaughter.
2. The accused admitted the offence. The facts were read to him which essentially explained how the accused in disciplining the deceased who was 11 years old used excess force. It appears the deceased was a truant child and would sneak out with boys.
3. The court has heard the sentiments of the parties especially the mitigation by the accused who appeared remorseful. He pleaded that the period he has been in custody of about 5 years be taken into consideration.
4. The court appreciates the circumstances of this case and the unfortunate tragic end of the young and youthful soul. There is no evidence that the accused wanted to harm the deceased but was merely disciplining her. He however used excessive force. This is exemplified by the efforts they did to save her life by rushing her to the hospital but it was too late.
5. In the premises, the court having heard the mitigation, sentence the accused to 5 years’ imprisonment from 25th November 2016. It is noted that he has been in custody all through.
6. Orders accordingly.
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 15TH DAY OF MARCH 2021.
H K CHEMITEI
JUDGE