[2014] KEHC 4362 (KLR)
The court found that the offence was committed without intention to cause death, and that the accused, being a first offender aged 23, had shown remorse and had already spent four years in custody. The probation report was favorable, recommending a non-custodial sentence. The court also noted the willingness of the...
Source-derived case information.
- Citation
- [2014] KEHC 4362 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Kipkemoi
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 6 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to three years probation; released from custody.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, First Offender, Probation, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Kipkemoi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 Whether the accused's remorse, age, and status as a first offender warrant leniency.
Ratio Decidendi
The court found that the offence was committed without intention to cause death, and that the accused, being a first offender aged 23, had shown remorse and had already spent four years in custody. The probation report was favorable, recommending a non-custodial sentence. The court also noted the willingness of the victim's family to reconcile. Considering these factors, the court determined that a non-custodial sentence was appropriate and ordered the accused to serve three years on probation under supervision, rather than imposing further custodial punishment.
Court Disposition
Accused sentenced to three years probation; released from custody.
Orders
- The accused, Charles Kipkemoi, is set free from custody to serve probation for three years under the supervision of the Probation Officer, Bomet County.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 6 OF 2011
REPUBLIC........................................................PROSECUTOR
VERSUS
CHARLES KIPKEMOI.............................................. ACCUSED
SENTENCE
Charles Kipkemoi was initially tried on a charge of Murder contrary to Section 203 as read with Section 204 of the Penal Code. Pursuant to the plea agreement dated 19th February 2014, the accused instead pleaded guilty to the lesser charge of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
Mr. Lopokoiyit, learned prosecution counsel, informed this court to treat the accused as a first offender since he had no past criminal records of the accused. Mr. Ong’anyi learned advocate for the accused beseeched this court to pronounce a non-custodial sentence because the accused was remorseful. Mr. Ong’anyi pointed out that the accused was a young man aged 23 years who did not intend to commit the offence. The Probation Officer, Bomet County presented a comprehensive report in which she recommended to this court to pronounce a non-custodial sentence. After a careful consideration of the submissions of learned counsels from both sides and probation report, it is clear that the offence was committed without intention of causing death. It is not clear from the facts outlined as to what provoked the fight between the accused and the deceased. This court can only infer that the duo were either under the influence of alcohol or that they fought over a love triangle. It is also apparent that the accused is aged 23 years and he is a first offender. The probation report shows that both the families of the victim and the offender are yet to begin the process of reconciliation and compensation. It would appear the victim’s family are ready to forgive and reconcile if they are told the circumstances leading to the deceased’s death. The accused has been in custody since 2011, that is about 4 years. He is remorseful. The home environment appears to be conducive and receptive. I think the appropriate sentence in the circumstances should be non-custodial. I hereby order that Charles Kipkemoi, the accused be set free from custody to serve Probation for 3 years under the supervision of the Probation Officer, Bomet County.
Dated, signed and delivered in open court at Kericho this 6th day of June 2014.
J. K. SERGON
JUDGE
In the presence of:
Miss. Kivali for Director of Public Prosecution
N/A for Ong’anyi for the accused
Accused: present in person.