[2014] KEHC 6489 (KLR)
The court determined that, given the accused's status as a first offender, his remorse, the time already spent in custody, his role as sole breadwinner for four children, and the positive probation report recommending a non-custodial sentence, a custodial sentence was not warranted. The court found that a...
Source-derived case information.
- Citation
- [2014] KEHC 6489 (KLR)
- Parties
- Respondent: Republic; Defendant: David Kiprono Cheruiyot
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to two years probation under supervision; released from custody.
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing, Probation, Mitigation, Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
David Kiprono Cheruiyot
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating factors should influence the sentence imposed on the accused.
Ratio Decidendi
The court determined that, given the accused's status as a first offender, his remorse, the time already spent in custody, his role as sole breadwinner for four children, and the positive probation report recommending a non-custodial sentence, a custodial sentence was not warranted. The court found that a non-custodial sentence would facilitate the accused's rehabilitation and reintegration into the community, and would also support reconciliation efforts between the victim's and accused's families. Accordingly, the accused was ordered to serve two years probation under supervision, with the condition of good behaviour.
Court Disposition
Accused sentenced to two years probation under supervision; released from custody.
Orders
- The accused is released from custody to serve two years probation under the supervision of the Bomet County Probation Officer.
- During the probation period, the accused must exhibit good behaviour.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 17 OF 2011
REPUBLIC...........................................................PROSECUTOR
VERSUS
DAVID KIPRONO CHERUIYOT..................................ACCUSED
SENTENCE
Pursuant to the plea agreement dated 28th January 2014, David Kiprono Cheruiyot was convicted on his own plea of guilty for the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. Before sentencing, this court invited Mr. Maengwe learned Defence Counsel to make submissions in Mitigation and further called for a probation report of the accused.
I have considered the facts outlined in Mitigation and the Probation Report on the accused. It is apparent from the facts outlined that the accused is a first offender. The victim was his wife who passed on leaving behind four children. The accused appears to be the only bread winner who did Masonary work before he was arrested. The accused is remorseful who claims to have converted to Christianity while in custody. The accused has been in custody for about three years. The report officer, Bomet County has recommended the accused to be placed on probation since the home environment is conducive and is receptive to the accused. After a careful consideration of the above factors, I am convinced the accused should be given a non-custodial sentence. This will hasten the accused's rehabilitation and re-intergration into the community. There are also overtures to have the victim's family and that of the accused to be reconciled. That can be made possible if the accused served a non-custodial sentence. Consequently, I order the accused to be released from custody to serve two years probation under the supervision of the Bomet County Probation Officer. During this period, the accused must exhibit good behaviour.
Dated, signed and delivered in open court this 17th day of March, 2014.
…..................
J.K.SERGON
JUDGE
In the presence of:
Mr. Siele Sigira for Accused
Miss. Kivali for Director of Public Prosecution