[2015] KEHC 6797 (KLR)
The court found that the accused's actions in stabbing the deceased multiple times, resulting in fatal injuries to vital organs, were irresponsible and uncalled for. There was no evidence of provocation or injury to the accused by the deceased. The social inquiry report recommended against a non-custodial sentence,...
Source-derived case information.
- Citation
- [2015] KEHC 6797 (KLR)
- Parties
- Applicant: Republic; Defendant: David Kipsiele Yegon
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
- Outcome
- convicted of manslaughter and sentenced to five years imprisonment
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Kipsiele Yegon
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate length of sentence given the circumstances of the offence and mitigation.
Ratio Decidendi
The court found that the accused's actions in stabbing the deceased multiple times, resulting in fatal injuries to vital organs, were irresponsible and uncalled for. There was no evidence of provocation or injury to the accused by the deceased. The social inquiry report recommended against a non-custodial sentence, and the court considered the impact on both families. Taking into account the period already spent in custody and the totality of circumstances, the court determined that a custodial sentence of five years' imprisonment was appropriate for the offence of manslaughter following a plea bargain.
Court Disposition
convicted of manslaughter and sentenced to five years imprisonment
Orders
- The accused is sentenced to five years imprisonment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 4 OF 2014
REPUBLIC...............................................PROSECUTOR
VERSUS
DAVID KIPSIELE YEGON..............................ACCUSED
RULING ON SENTENCE
The accused was initially charged with murder contrary to Section 203 as read with Section 204 of the Penal Code but later convicted of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after a plea bargaining agreement.
The circumstances leading to the commission of this offence are clear from facts. The postmortem report shows that the accused stabbed the deceased severally and not just once. The fatal injuries were to the spleen and kidney.
There is no evidence that the accused himself was injured by the deceased. I find the accused's acts to have been irresponsible and uncalled for.
The social inquiry report filed by the Probation Officer on 16th January, 2015 dis-recommends, a non-custodial sentence. The accused's family has had to relocate to another place of abode due to the hostility from the deceased's family.
I have considered all these facts together with the accused's mitigation and the social inquiry report.
I have equally considered that the accused has been in custody for almost one (1) year now.
I do find a sentence of five (5) years imprisonment to be appropriate.
It is so ordered.
Dated, signed and delivered in court this 23rd day of January, 2015.
…..................
H. ONG'UDI
JUDGE
In the presence of:
M/s Kivali for State
Mr. Ong'anyi for accused
Rotich- court assistant