[2022] KEHC 3007 (KLR)

Republic v Cheruiyot (Criminal Case 5 of 2020) [2022] KEHC 3007 (KLR) (17 June 2022) (Sentence)

Neutral citation: [2022] KEHC 3007 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 5 of 2020

AN Ongeri, J

June 17, 2022

Between

Republic

Prosecution

and

Amos Kiplangat Cheruiyot

Accused

Sentence

1. The Accused Person in this case, Amos Kiplangat Cheruiyotwas charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. The offence was reduced to one of Manslaughter following a plea bargain signed by the Accused Person on 22/11/2021.

3. The particulars of the offence of Manslaughter were that on 4th March, 2020 at Bartela village Lelu Sub-Location, Porowet Location in Kipkelion Sub-County within Kericho County the Accused Person unlawfully killed Caroline Chepkorir.

4. The facts of the case as given by the prosecutor were as follows:-“On the 3rd day of March, 2020 at around 23. 00hrs, the Accused Person who was suspected to be drunk was heard hurling insults to his Uncle by the name Wesley Kitur.The Accused was passing by nearly Wesley’s house hurling insults and complaining over land sub-division that had been done. The Accused walked down towards the river and back.Wesley Kitur was by then in the house sleeping with his wife and children.The Accused Person continued hurling insults at his Uncle Wesley and Wesley ran out and went outside to face the Accused.Wesley then chased the Accused towards his grandmother’s house, but got up with him, Wesley hit the Accused with a stick, who in turn got hold of a panga and slashed him on the cheek. Wesley then fell down and began to scream. He saw the Accused Person running towards the house where his children sleep and thought that he was going to attack them.Wesley then rose up and ran towards the Accused while screaming for help.The Accused went past the house and hid behind the house. As Wesley was looking around for the Accused, he emerged from the darkness with a panga and attacked Wesley but Wesley used his hands to shield himself. The Accused struck him on his hands and he fell down.The commotion attracted the neighbours who rushed to the scene. The first person to reach the scene was the deceased.She tried to stop the Accused from assaulting her Uncle Wesley. The Deceased tried to snatch the panga from the Accused but it cut her on her left thigh causing her to fall down bleeding profusely. He then ran away from the scene.Other neighbours arrived and took Wesley to Kipkelion sub county hospital.Neighbours also noticed the deceased was lying down injured on her leg and took her to the same hospital for treatment.A few hours later while still being treated in the hospital, the deceased died and her body was transferred to Kericho County Referral Hospital Mortuary.Postmortem was conducted by Dr. Vincent Langat who formed the opinion that the cause of death was massive haemorrhage Secondary to assault. Probable cut on the popliteal vessels.Meanwhile the Accused Person who had ran away to hide in the bush went the following day and surrendered himself to the Area Assistant Chief.The Assistant Chief together with a Nyumba Kumi Elders escorted the accused to Lelu Police Station.He was then transferred to Kipkelion Police Station where after the completion of investigation, he was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code which was subsequently reduced to the offence of Manslaughter Contrary to Section 202 as read with Section 205 of the Pena Code."

5. The Defence Counsel in her mitigation said that the Accused Person is remorseful for the offence he committed.

6. The Deceased was a sister to the Accused Person and she was injured when she was trying to separate the Accused Person and their Uncle by name Wesley who were fighting over a land dispute.

7. The Defence Counsel further stated that the Accused Person is the only son of his mother who is a widow.

8. He asked for a non-custodial sentence in order to assist his mother to take care of the Deceased’s young children and his siblings.

9. The Probation Officer filed a Social Inquiry Report where he stated that the Accused Person is a young man born in 1995 and he is still single.

10. Further that the incident occurred when the Accused Person was fighting with his Uncle Wesley who used to lease out their portion of land since the demise of their father.

11. The Accused Person stated that the Deceased was injured accidentally during the fight.

12. The Court has considered the mitigating circumstances in this case as given by the defence Counsel.

13. The Court has also considered the circumstance of the offence. The Accused Person was fighting with his Uncle when the Deceased who was his sister got cut accidentally and she lost her life.

14. The offence of Manslaughter is a serious one and it calls for life imprisonment.

15. Taking into account the mitigating circumstances in this case and the fact that the Deceased was accidentally wounded in a fight involving the Accused Person and his Uncle and also taking into consideration the fact that the Accused Person pleaded guilty to the charge of manslaughter and saved the court’s time, this Court is of the opinion that this case is appropriate for Probation sentence.

16. I accordingly place the Accused Person on Probation for a period of three years on condition that he complies with the requirements of the Probation Officer.

17. The County Probation Officer to organize for counselling for the Accused Person and his family to reintegrate them into a harmonious family co-existence.

DELIVERED, SIGNED AND DATED AT KERICHO THIS 17 TH DAY OF JUNE 2022. A. N. ONGERIJUDGE