[2023] KEHC 23805 (KLR)

Republic v Chepkemoi alias Memo (Criminal Case E015 of 2022) [2023] KEHC 23805 (KLR) (19 October 2023) (Sentence)

Neutral citation: [2023] KEHC 23805 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E015 of 2022

JK Sergon, J

October 19, 2023

Between

Republic

Prosecutor

and

Joan Chepkemoi Alias Memo

Accused

Sentence

1. Joan Chepkemoi alias Memo the Accused herein, pursuant to a plea agreement was charged and convicted with the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that on August 10, 2020 at Maraba Village, Kaborok Location, in Belgut Sub-County within Kericho County, the Accused unlawfully killed Abigael Cheruto.

2. Upon convicting the accused for the aforesaid offence, this court directed the county Probation Officer to file a pre-sentence Report 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 Learned Counsel for the Accused, submitted that the Accused is remorseful for commission of the offence and that she is aged 21 years and was a mother of two, she now has one child who is epileptic. He highlighted that the accused was orphaned at a very young age and was being taken care of by her grandmother who had predeceased her and subsequently she and her two children were left to fend for themselves. He submitted that she was psychologically tortured. He submitted that she is a first offender. He further submitted that after the incident, she rushed to her neighbours to request for police assistance which was a sign of remorse. He therefore urged the court to exercise leniency and give her a non-custodial sentence which would to give her a second chance to take care of her nine (9) year daughter who is being taken care of by neighbours.

4. Mr Musyoki Learned Assistant Director of Public Prosecutions pointed out that from the facts of this case, the accused had killed her child in the most heinous manner, she had pushed her child in a borehole causing her to drown. Finally, he submitted that a long custodial sentence was an appropriate sentence in the circumstances.

5. This court also called for a pre-sentence report. I have considered the pre-sentencing report prepared and filed by the Kericho County – Probation Officer on 16th September, 2023. In the aforesaid report it is noted that the accused upon the demise of her parents and maternal grandmother, the accused rented out a house at Taplotin Trading Center where she was doing casual jobs to fend for herself. She later got her first child aged nine (9) years who is epileptic and under Medicare most of the time and subsequently her second child the deceased herein, who was aged two (2) years, eight (8) months. The accused is a single mother. The accused was estranged with the father of the deceased child, however, he had resurfaced and started mistreating her and following her to her workplace, she subsequently lost her job and out of depression had started abusing alcohol. She reports to having committed the said offence out of anger and frustration from the child's father, she threw the deceased in a borehole and she drowned, she was consequently arrested and charged with the instant offence.

6. The family of the offender regretted the circumstances under which the offender cut short the life of the deceased, the family had held a meeting with the clan members and initiated the Kipsigis cleansing rites. They were therefore not opposed to her release. They took responsibility of what transpired and have plans to complete the Kipsigis cleansing rites. They were willing to receive the offender and assist towards her rehabilitation and reintegration into society.

7. The local administration in particular the Area Chief of Kaborok Location Mr Ken Too was not opposed to a non-custodial sentence as it would enable the family to complete the cleansing rituals and reconciliation. The Area Chief was also cognizant of the difficulties that the offender had faced, that she was orphaned at an early age and that her maternal grandmother and three maternal uncles who had been supporting her, predeceased her, she therefore started fending for herself at a considerably young age and further that she was a single mother who lacked support and care and this eventually led her into depression and eventually committing the said offence. The Area Chief also stated that she is the only parent and caregiver of her nine (9) year daughter who is epileptic.

8. The county probation officer therefore recommended that the offender was suitable to serve on a probation sentence where she would receive counseling and also undergo Kipsigis cleansing rites to avert generational curses.

9. I have taken cognizance of the fact that the accused entered into a plea bargaining agreement and therefore saved the court's time for trial.

10. I have considered that the accused has been in custody for a period of one (1) year, two (2) months since her arraignment in court on August 26, 2022.

11. Having considered the circumstances of the offence, submissions in mitigation and having further considered the pre-sentence report, it is apparent that in the circumstances of this case that a non-custodial sentence is appropriate.

12. Consequently, I hereby sentence the Accused namely: Joan Chepkemoi alias Memo to serve three (3) years on Probation under the supervision of the County Probation Officer, Kericho County.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 19TH DAY OF OCTOBER 2023. …………….J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – Mr. MusyokiKiprono for the AccusedAccused – Present in Person