[2025] KEHC 1865 (KLR)
The court found that both accused, having pleaded guilty to manslaughter under a plea bargain, were first offenders, had shown remorse, and had been forgiven by their family and community. The pre-sentence reports recommended non-custodial sentences, highlighting the accused's positive social ties and lack of prior...
Source-derived case information.
- Citation
- [2025] KEHC 1865 (KLR)
- Parties
- Applicant: Republic; Defendant: Kennedy Kiprono Bett; Defendant: Willy Kipyegon Bett
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E024 of 2022
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Both accused sentenced to three years probation under supervision of the county probation officer.
- Judges
- JK Sergon
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kennedy Kiprono Bett
Defendant
Willy Kipyegon Bett
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused persons should be sentenced to a custodial or non-custodial sentence for the offence of manslaughter.
- 2 Whether the period spent in pre-trial custody should be considered in sentencing.
- 3 Whether reconciliation and forgiveness by the family and community support justify a non-custodial sentence.
Ratio Decidendi
The court found that both accused, having pleaded guilty to manslaughter under a plea bargain, were first offenders, had shown remorse, and had been forgiven by their family and community. The pre-sentence reports recommended non-custodial sentences, highlighting the accused's positive social ties and lack of prior criminality. The court considered the period already spent in custody (over two years), the reconciliatory efforts, and the recommendations of the probation officer. Balancing the interests of justice, rehabilitation, and community harmony, the court determined that a three-year probation order under supervision was appropriate for each accused, rather than a custodial sentence.
Court Disposition
Both accused sentenced to three years probation under supervision of the county probation officer.
Orders
- Kennedy Kiprono Bett to serve three years on probation under supervision of the county probation officer, Kericho County.
- Willy Kipyegon Bett to serve three years on probation under supervision of the county probation officer, Kericho County.
Full Case Text
Judgment text and source record
34 paragraphs
Republic v Bett & another (Criminal Case E024 of 2022) [2025] KEHC 1865 (KLR) (6 February 2025) (Sentence)
Neutral citation: [2025] KEHC 1865 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case E024 of 2022
JK Sergon, J
February 6, 2025
Between
Republic
Prosecution
and
Kennedy Kiprono Bett
1st Accused
Willy Kipyegon Bett
2nd Accused
Sentence
1. Kennedy Kiprono Bett and Willy Kipyegon Bett the Accused herein, were charged with the offence of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code Cap 63 Laws of Kenya pursuant to a plea bargaining agreement. The particulars of the offence are that, the accused on the 7th day of November, 2022 at Chemumbe Village, Kaborok Location in Belgut Sub-County within Kericho County, unlawfully killed Japhet Kimutai Bett.
2. Upon convicting the accused persons for the aforesaid offence, this court directed the county probation officer to file pre-sentence reports and also invited the accused to make submissions in mitigation to guide the court in determining the appropriate sentence to be meted out.
3. Mr. Kiprono, the Learned Counsel for both Accused, submitted that both accused were remorseful about the commission of the offence that culminated in the demise of the deceased, who was their brother. The Learned Counsel stated that the accused had reformed during their incarceration. He stated that the family had conducted traditional cleansing rites and reconciliatory meetings. The Learned Counsel therefore urged this Court to exercise leniency during sentencing and consider a non-custodial sentence.
4. Mr. Musyoki, Learned Assistant Director of Public Prosecutions, on his part submitted that the accused persons were first offenders, as he did not have prior criminal records. The Learned Prosecutor stated that the offenders had killed their kin (brother) and that the circumstances did not disclose a motive and therefore a custodial sentence was more appropriate.
5. This court also called for pre-sentence reports. I have considered the pre-sentencing reports prepared and filed by the Kericho County – Probation Officer in respect of the accused persons.
6. The probation officer filed a presentence report on behalf of Kennedy Kiprono Bett the 1st accused, in the aforesaid report, it is noted that the offender is a skilled carpenter.
7. On the material day, the offender wanted to fell a tree in the mother’s homestead in order to complete construction of her house, when the victim attacked ferociously, however, the offender managed to overpower the victim who was armed. The victim sustained fatal injuries and succumbed while seeking medical treatment. The offender was remorseful for the events that transpired on the material day culminating in the demise of the deceased.
8. The victim is the offender’s brother, the family described the awful incident culminating in the demise of their kin as an unfortunate occurrence. The family held reconciliation meetings, and they have forgiven the offender in order to foster peace and unity among the family members.
9. The offender has strong ties and a cordial relationship with the community. The offender has a good reputation in the community. The local administrator described the offender as a responsible hardworking person with no history of criminality in the community. The community members and local administrator urged this court to consider a non-custodial sentence to accord the family and the clan the chance to pursue reconciliation and foster long lasting peace and unity.
10. Based on the findings of the social inquiry and assessment, the probation officer found the offender a suitable candidate for a non-custodial sentence program, guidance and counselling on anger management, guidance on how to develop interpersonal and effective life skills and recommended three (3) years’ probation order with supervision.
11. The county probation officer filed a presentence report on behalf of Willy Kipyegon Bett the 2nd accused, it was noted that the offender is a skilled carpenter.
12. On the material day, the offender wanted to fell a tree in the mother’s homestead in order to complete construction of her house, when the victim attacked ferociously, however, the offender managed to overpower the victim who was armed. The victim sustained fatal injuries and succumbed while seeking medical treatment. The offender was remorseful for the events that transpired on the material day culminating in the demise of the deceased.
13. The victim is the offender’s brother, the family described the awful incident culminating in the demise of their kin as an unfortunate occurrence. The family held reconciliation meetings, and they have forgiven the offender in order to foster peace and unity among the family members.
14. The offender has strong ties and a cordial relationship with the community. The offender has a good reputation in the community. The local administrator described the offender as a responsible hardworking person who keeps the company of prosocial associates with no history of criminality in the community. The community members and local administrator urged this court to consider a non-custodial sentence to accord the family and the clan the chance to pursue reconciliation and foster long lasting peace and unity.
15. Based on the findings of the social inquiry and assessment, the probation officer found the offender a suitable candidate for a non-custodial sentence program, guidance and counselling on anger management, guidance on how to develop interpersonal and effective life skills and recommended three (3) years’ probation order with supervision.
16. I have considered that both accused persons were arrested soon after committing the instant offence, they were arraigned in court 15th December, 2022 and remanded soon thereafter. The accused made an application to be released on reasonable bail terms, however, the pre bail reports were unfavourable, therefore the offenders have been in custody for a period of two (2) years and (1) month.
17. I have considered the circumstances of the offence, submissions in mitigation and have further considered the contents of the pre-sentence reports filed by the county probation officer in respect of both accused persons. Consequently, I hereby sentence the Accused namely: Kennedy Kiprono Bett to … and Willy Kipyegon Bett each to serve 3 years on Probation under the supervision of the county Probation Officer, Kericho County
DATED, SIGNED AND DELIVERED AT KERICHO THIS 6TH DAY OF FEBRUARY, 2025…………………………J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohP/Counsel – MaunduKiprono for the Accused Persons