[2022] KEHC 1770 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO.E001 OF 2021

REPUBLIC..................................................................................................PROSECUTION

VERSUS

DENNIS KIPKURUI CHEPKWONY................................................................ACCUSED

S E N T E N C E

1. The Accused Person was charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. The Accused Person pleaded guilty to the lesser charge of manslaughter following a successful plea bargain agreement signed by the Accused Person on 26/10/2021.

3. The particulars of the offence were that on the 22nd day of December, 2020, a Mariam Vllage in Kokwet Location, Kipkelion Sub-County within Kericho County, unlawfully killed TERESA CHEBOO CHERUIYOT.

4. The facts of the case were as follows:-

On the 22nd day of December, 2020 at around 1800 hrs, the deceased went to the Accused Person’s house while armed with a slasher. She found Judy Chepngeno, wife to the Accused, in the Accused Person’s house. Consequently, the deceased threatened to cut and kill the Accused Person’s wife and her children if she failed to leave the Accused Person’s house and go back to her parents’ house. After the scuffle, the deceased retired to her house.

At around 2000 hrs on the said day, the Accused arrived home from Kokwet trading Centre where he had gone to buy food and alcohol. He was subsequently informed by Judy Chepngeno, his wife, that the deceased had earlier came to their house and threatened to eject both her and her children from the said house. Similarly, the deceased had threatened to cut and kill Judy Chepngeno and her children with a slasher if they failed to leave the said house as instructed by her.

The Accused was angered by the happenings owing to the fact that it was not the first time the deceased had attempted to chase away his wife from the said house. Consequently, he proceeded to his mother’s house carrying axe.

Upon arriving at the deceased’s house, an argument ensued between the two. As it intensified, the deceased immediately picked a metal rod and aimed it at the head of the accused Person. However, the Accused shielded himself from the said metal bar using a wooden bar. The Accused then hit the deceased on the head using the said wooden bar causing her to fall to the ground. Accordingly, killing the deceased.

After the aforementioned incident, the Accused went back to his house and instructed his wife to back her belongings and leave the house together with their children. Nevertheless, the wife declined to do so.

The Accused then left the house and went into hiding.

On the 23rd day of December, 2020 at around 0630 hrs, one Ivyone Chemutai left her home and proceeded to the deceased’s house. When she arrived, she was shocked to see the deceased lying dead in her house. This prompted her to scream loudly causing the villagers to rush to the said scene.

Later, the police from Fort-Tenan Police Station arrived at the scene of the crime and took the body of the deceased to St. Vincent Hospital Muhoroni Morgue.

On the 24th December, 2020, the Accused surrendered himself to Muhoroni Police Station and was subsequently arrested and escorted to Kipkelion Police Station.

On the 29th day of December, 2020, a post mortem was done on the body of the deceased at Saint Vincent de Paul’s Mission Hospital by Doctor Hillary where it was established that the cause of death was a severe head injury secondary to blunt force trauma which was inflicted by the Accused.

Upon completing the necessary investigations, charges of murder Contrary to Section 203 as read together with Section 204 of the Penal Code were preferred against the Accused. The said charges have now been reduced to the offence of manslaughter Contrary to Section 202 as read together with Section 205 of the Penal Code.

Per the Medical Examination Report dated 28th day of December, 2020, it was established that the Accused was fit to stand for trial.

5. The Defence Counsel in his mitigation said the Accused Person is remorseful for the offence he committed and further he is a first offender.

6. He also submitted that it was the deceased who was the aggressor and further that she used to threaten the Accused Person’s wife and children with death. He asked the Court to give the Accused Person a non-custodial sentence.

7. The Probation Officer filed a pre-sentence Report dated 10/2/2022 giving dated 10/2/2022 giving the social background of the accused Person.

8. The Report states that the Accused is the son of the victim who was a single parent with six children.

9. The Report also states that the Accused Person is anti-social, cunning in nature and used to abuse alcohol.

10. I find that the Accused Person is not suitable for a non-custodial sentence.

11. The Accused Person killed his mother own in her own house following reports from his wife that she had threatened his wife and children with death.

12. He deserves to be punished for the offence he commited.

13. The Accused Person has been in Custody since 6/1/2021 when he was first arraigned in Court.

14. The offence of Manslaughter calls for a punishment of life imprisonment.

15. However, considering that the Accused Person pleaded guilty to the charge and saved the Court’s time for trial, this Court sentences him to 20 years imprisonment.

16. The period the Accused Person has been in custody to be deducted from the sentence period during the computation of the 20 years imprisonment.

17. The sentence will start to run from 6/1/2021 when the Accused Person was first arraigned in Court.

18. Right of Appeal against sentence 14 days (Explained).

DELIVERED, DATED AND SIGNED AT KERICHO THIS 4TH DAY OF MARCH, 2022.

A. N. ONGERI

JUDGE