[2023] KEHC 3994 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, demonstrated genuine remorse and had undergone reconciliation and cleansing ceremonies with the community. The pre-sentence probation report indicated no risk of revenge and strong community support for a non-custodial...
Source-derived case information.
- Citation
- [2023] KEHC 3994 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Kiprotich Chepkwony
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2016
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to two years' probation under supervision.
- Judges
- JK Sergon
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Probation, Community Reconciliation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Kiprotich Chepkwony
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the plea agreement, mitigation, and community reconciliation in sentencing.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, demonstrated genuine remorse and had undergone reconciliation and cleansing ceremonies with the community. The pre-sentence probation report indicated no risk of revenge and strong community support for a non-custodial sentence. The court determined that, in light of these mitigating factors and the absence of a prior criminal record, a non-custodial sentence was appropriate. The accused was therefore sentenced to two years' probation under the supervision of the County Probation Officer, Kericho County.
Court Disposition
Accused sentenced to two years' probation under supervision.
Orders
- The accused is sentenced to serve two years probation under the supervision of the County Probation Officer, Kericho County.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Chepkwony (Criminal Case 27 of 2016) [2023] KEHC 3994 (KLR) (4 May 2023) (Sentence)
Neutral citation: [2023] KEHC 3994 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 27 of 2016
JK Sergon, J
May 4, 2023
Between
Republic
Prosecutor
and
Evans Kiprotich Chepkwony
Accused
Sentence
1. The Accused herein namely: Evans Kiprotich Chepkwony was initially charged with offence of Murder contrary to section 203 as read with section 204 of the Penal Code. However, pursuant to a plea agreement executed between the ODPP and the Accused, the Accused Person instead pleaded guilty to the charge of Manslaughter Contrary to section 204 as read with Section 205 of the Penal Code.
2. The particulars of the charge are that on June 20, 2014 at Londiani Trading Centre in Londiani Sub-County within Kericho County, the Accused unlawfully killed Esther Wanjiru Njau.
3. 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 submission in mitigation to guide the Court in determining the appropriate sentence to be meted out.
4. Mr. Musyoki, Learned Assistant Director of Public Prosecutions urged this court to treat the Accused as a first offender since he did not have the Accused’s past Criminal Record. He urged this Court to pronounce a deterrent sentence.
5. The accused’s advocate urged this court to be lenient to the accused. It is stated that the Accused has commenced the process of reconciliation and that the community is receptive and is willing to accept him back to the community.
6. I have also considered the Pre-sentence Probation Report. In the aforesaid report, it is indicated that the accused is remorseful and regrets committing the offence. It is also indicated that there is no fear of revenge.
7. The Report further indicates that the community conducted traditional reconciliation and cleansing ceremonies while the accused was out on bond. The community has urged this court to place the accused on a non-custodial sentence.
8. Having considered the mitigating factors and the Pre-sentence Report, I find that a non-custodial sentence is appropriate.
9. Consequently, I hereby sentence the Accused namely: Evans Kiprotich Chepkwony to serve Two (2) years Probation under the supervision of the County Probation Officer, Kericho County.
DATED, SIGNED AND DELIVERED AT KERICHO THIS 4TH DAY OF MAY, 2023………….…………….J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohMusyoki for the StateAccused Person – Present in Person