[2015] KEHC 6242 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and considering the family tensions and the three years already spent in custody, deserved a custodial sentence but not the maximum. The sentence of five years imprisonment was deemed appropriate to reflect the seriousness of the offence while...
Source-derived case information.
- Citation
- [2015] KEHC 6242 (KLR)
- Parties
- Applicant: Republic; Defendant: Dickson Kibet Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to five years imprisonment for manslaughter
- 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
Dickson Kibet Rono
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter under Section 202 as read with Section 205 of the Penal Code.
- 2 What is the appropriate sentence considering the circumstances and period in custody.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and considering the family tensions and the three years already spent in custody, deserved a custodial sentence but not the maximum. The sentence of five years imprisonment was deemed appropriate to reflect the seriousness of the offence while taking into account the mitigating factors presented in the social inquiry report and the plea bargaining agreement.
Court Disposition
accused sentenced to five years imprisonment for manslaughter
Orders
- The accused is sentenced to five (5) years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 15 OF 2012
REPUBLIC...........................................................PROSECUTOR
VERSUS
DICKSON KIBET RONO...............................................ACCUSED
RULING ON SENTENCE
The accused was convicted of the offence 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 the offence are clear from the facts.
The accused and the deceased were step brothers. The accused cut the deceased with a panga. There is no evidence that the accused was ever assaulted by the deceased.
The social inquiry report revealed the tension and bitterness in the family, which is polygamous.
After considering the circumstances of the case, the social inquiry report and the period the accused has been in custody (which is three (3) years). I hereby sentence the accused to five (5) years imprisonment.
Dated, signed and delivered in open court this 13th day of March, 2015.
…..................
H. ONG'UDI
JUDGE
In the presenc
M/s Mwangi for State
Lagat- court assistant