[2012] KEHC 1243 (KLR)
The court found that the accused, having pleaded guilty to manslaughter, was remorseful, had reconciled with the deceased's family, and was a first offender aged 68. The Probation Officer's Report was favourable and recommended a non-custodial sentence. The family of the deceased had forgiven the accused and had no...
Source-derived case information.
- Citation
- [2012] KEHC 1243 (KLR)
- Parties
- Respondent: Republic; Defendant: Clara Chelimo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Judgment Date
- 18 October 2012
- Case Number
- Criminal Case 26 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea of Guilty to Manslaughter
- Outcome
- Accused placed on probation for one year.
- Legal Topics
- Manslaughter, Plea of Guilty, Sentencing, Mitigation, Probation, Non Custodial Sentence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Clara Chelimo
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea of Guilty to Manslaughter
Legal Issues
- 1 Whether the accused should be granted a non-custodial sentence for the offence of manslaughter.
- 2 What mitigating factors should influence the sentence imposed on the accused.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter, was remorseful, had reconciled with the deceased's family, and was a first offender aged 68. The Probation Officer's Report was favourable and recommended a non-custodial sentence. The family of the deceased had forgiven the accused and had no objection to a non-custodial sentence. Considering these factors, the court determined that a custodial sentence was unnecessary and that the accused was a suitable candidate for probation. Accordingly, the accused was placed on probation for one year.
Court Disposition
Accused placed on probation for one year.
Orders
- The accused is placed on probation for a period of one year from the date of the ruling.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
High Court at Eldoret
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REPUBLIC......................................................................................................PROSECUTOR
VERSUS
CLARA CHELIMO.................................................................................................ACCUSED
RULING ON SENTENCING
The Accused entered a plea of guilty for a lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
The facts were read out to the Accused by Learned Counsel for the State, Mr. Kabaka whereafter the Accused stated that the facts were correct and the court proceeded to convict her on her own plea of guilty.
In mitigation the Accused pleaded that she was remorseful for the events leading to the death of the deceased.
The Accused submitted that she had sought forgiveness from the family of the deceased and had performed the customary forgiveness ritual.
The family of the deceased had accepted the Accused's request for forgiveness and the son of the deceased had sworn an Affidavit dated the 13th July, 2012 in support of this fact. The said Affidavit was produced into court and marked as “ DEXb1”.
The Accused sought the courts leniency and Counsel for the Accused urged the court to discharge the Accused, or alternatively grant her a non-custodial sentence.
The court called for a Probation Officers Report before imposing sentence. The Report was tendered into court on the 1st October, 2012.
After perusal of the Probation Report this court finds the same to be favourable to the Accused and it also recommends that the Accused person is a suitable person to benefit from a non-custodial sentence.
The factors that favour the Accused is her age, which is 68 years and she is a first offender.
The family of the deceased has also forgiven her, have no hostility towards her and have no objection to her benefiting from a non-custodial sentence.
Taking into consideration the above factors, the Accused is hereby placed on Probation for a period of one (1) year from the date hereof.
It is so ordered.
Dated and delivered at Eldoret this 18th day of October 2012.
A.MSHILA
JUDGE
Coram: Before A.Mshila J
CC: Andrew
Accused:.Present.
Counsel for the State: Ruto holding brief for Chirchir.
Cheluget for Accused.
Beatrice: Nandi interpreter.
A.MSHILA
JUDGE