[2015] KEHC 4927 (KLR)
The court found that the accused, having pleaded guilty to manslaughter after plea bargaining and having already spent two and a half years in custody, was a suitable candidate for a non-custodial sentence. The favourable social inquiry report further supported this conclusion. The court therefore sentenced the...
Source-derived case information.
- Citation
- [2015] KEHC 4927 (KLR)
- Parties
- Applicant: Republic; Respondent: Charles Kiprono Mitey alias Stephen Terer
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 32 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
- Outcome
- Accused sentenced to three years probation 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
Charles Kiprono Mitey alias Stephen Terer
Respondent
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter after plea bargaining.
- 2 What weight should be given to the period already spent in custody and the favourable social inquiry report.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter after plea bargaining and having already spent two and a half years in custody, was a suitable candidate for a non-custodial sentence. The favourable social inquiry report further supported this conclusion. The court therefore sentenced the accused to three years on probation, considering both the period already served and the circumstances of the offence, which involved intoxication and no evidence of premeditation.
Court Disposition
Accused sentenced to three years probation for manslaughter.
Orders
- The accused is sentenced to three years on probation.
- Conditions of probation explained to the accused.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 32 OF 2012
REPUBLIC..............................................................PROSECUTOR
VERSUS
CHARLES KIPRONO MITEY
ALIAS STEPHEN TERER...............................................ACCUSED
RULING ON SENTENCE
1. The accused who was initially charged with Murder pleaded guilty to the lesser charge of manslaughter after plea bargaining.
2. The circumstances of the offence are clear from the facts given by the State. The accused and deceased had been drinking for hours before this incident.
3. The social inquiry report is favourable to the accused. He has been in custody since 26th September, 2012 which is now two and a half (2 ½ years).
4. He is sentenced to three (3) years on Probation.
Conditions explained.
Dated, signed and delivered in court this 14th day of May, 2015.
…..................
H. ONG'UDI
JUDGE
In the presence of
M/s Mwangi for State
Mr. Ngeno for accused-absent
Kipyegon- court assistant
Accused- Present in Person
Interpretation- English/Kiswahili