[2022] KEHC 2325 (KLR)
The court found that the offence arose from a culmination of a long-standing, strained, and provocative relationship between the accused and the deceased, who was his son. The accused showed remorse, was a first offender, and had already spent almost a year in custody. The presentence report supported the view that...
Source-derived case information.
- Citation
- [2022] KEHC 2325 (KLR)
- Parties
- Applicant: Republic; Defendant: Clement Kiprop Cherutich alias John Melo John
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E012 of 2021
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- accused sentenced to probation
- Judges
- HK Chemitei
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Mitigation, Provocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Clement Kiprop Cherutich alias John Melo John
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter following a plea bargain agreement.
- 2 What is the appropriate sentence considering the circumstances and mitigation presented.
Ratio Decidendi
The court found that the offence arose from a culmination of a long-standing, strained, and provocative relationship between the accused and the deceased, who was his son. The accused showed remorse, was a first offender, and had already spent almost a year in custody. The presentence report supported the view that the incident was not premeditated but resulted from ongoing provocation and family conflict. In light of these factors, and the plea bargain reducing the charge to manslaughter, the court determined that a custodial sentence was not warranted. Instead, a three-year probation period under supervision was appropriate to allow for rehabilitation and family reconciliation.
Court Disposition
accused sentenced to probation
Orders
- The accused is sentenced to a three-year probation period from the date of judgment.
- He shall serve under the supervision of the County Probation Office as deemed appropriate.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. E012 OF 2021.
REPUBLIC................................................PROSECUTOR
VERSUS
CLEMENT KIPROP CHERUTICH
alias JOHN MELO JOHN............................ACCUSED
JUDGEMENT ON SENTENCE
1. The accused was charged with the murder of the late Collins Kipkemoi cherutich on 28th February 2021 at kapoch village murram Solai in Rongai Sub County within Nakuru County.
2. After plea was taken he decided to change the same and entered into a plea bargaining agreement where the charges were reduced to Manslaughter contrary to Section 202 and 205 of the Penal code.
3. The accused admitted the offence and in his mitigation, his counsel submitted that he be treated leniently as he was remorseful and the deceased was his son whom he had had a long strained relationship as he abused alcohol.
4. The court decided to have a presentence report which was filed on 6th December 2021. The same goes at length to explain the strained relationship between the deceased and the accused. It appears that the deceased abused the accused in a derogatory language to suggest that he was having an affair with his wife (daughter in law.)
5. The learned state counsel left the matter to the discretion of this court.
6. The court has perused the circumstances that led to the fight between the deceased and the accused. It appears that it was a culmination of a long dispute and provocation between the father and son. The accused wife whom it is alleged was also a drunkard seems to have wade into the fray and sided with the deceased.
7. All in all the court has taken into account the report and the sentiments as well as the remorse by the accused and more importantly the desire to reconcile with his family. It is also noted that he was a first offender. The court notes that he has been in custody for almost one year.
8. In the premises, the accused is hereby sentence to a three years’ probation period from the date herein. He shall serve under the supervision of the County Probation Office as he shall deem appropriate.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 16TH DAY OF FEBRUARY 2022.
H K CHEMITEI
JUDGE