[2019] KEHC 4418 (KLR)
The court found that the accused, Collins Kiprotich Kemei, pleaded guilty to manslaughter after initially being charged with murder. The court considered the circumstances of the offence, including the use of a knife during a fight following an alcohol drinking spree, the accused's status as a first offender, his...
Source-derived case information.
- Citation
- [2019] KEHC 4418 (KLR)
- Parties
- Applicant: Republic; Defendant: Collins Kiprotich Kemei; Defendant: Geoffrey Kipngeno Bett alias Pemba
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The 1st accused was convicted of manslaughter and sentenced to eight years' imprisonment.
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Use of Offensive Weapon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Collins Kiprotich Kemei
Defendant
Geoffrey Kipngeno Bett alias Pemba
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be convicted of manslaughter instead of murder.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation.
Ratio Decidendi
The court found that the accused, Collins Kiprotich Kemei, pleaded guilty to manslaughter after initially being charged with murder. The court considered the circumstances of the offence, including the use of a knife during a fight following an alcohol drinking spree, the accused's status as a first offender, his age, and the bitterness of the deceased's family as reflected in the probation report. Balancing these factors, the court determined that a custodial sentence of eight years' imprisonment was appropriate to reflect the seriousness of the offence while taking into account mitigation.
Court Disposition
The 1st accused was convicted of manslaughter and sentenced to eight years' imprisonment.
Orders
- The 1st accused Collins Kiprotich Kemei is sentenced to serve eight (8) years imprisonment.
- Right of appeal is explained.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO.18 OF 2018
REPUBLIC.................................................................PROSECUTION
VERSUS
COLLINS KIPROTICH KEMEI................................1ST ACCUSED
GEOFFREY KIPNGENO BETTaliasPEMBA......2ND ACCUSED
SENTENCE
1. The accused Collins Kiprotich Kemei was charged with another with murder contrary to section 203 as read with 204 of the Penal Code. He pleaded guilty to the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
2. The incident in which the deceased died was a fight, an offensive weapon was used; that is a knife. The 1st accused Collins is a first offender. I have taken into the mitigation point raised by Mr. Koskei for Collins Kemei. I have also considered the Kericho Probation Officer’s report, in which the Probation Officer says that the deceased family is still bitter.
3. Collins is a fairly young man aged 29 years. A life was lost. The incident occurred after an alcohol drinking spree, and a weapon or knife was used.
4. In the circumstances of this case, having considered all the surrounding circumstances, I sentence the 1st accused Collins Kiprotich Kemei to serve eight (8) years imprisonment.
5. Right of appeal is explained.
Dated at Kericho this 17th September 2019.
GEORGE DULU
JUDGE