[2020] KEHC 626 (KLR)
The court found that the accused unlawfully killed the deceased by attacking her with a panga during a quarrel, resulting in fatal injuries. The plea of guilty to manslaughter was accepted following a plea bargain. In sentencing, the court considered the accused's remorse, his role as sole breadwinner, his age, and...
Source-derived case information.
- Citation
- [2020] KEHC 626 (KLR)
- Parties
- Applicant: Republic; Defendant: Dominic Kipkemoi Koros
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2017
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- convicted and sentenced
- Judges
- AN Ongeri
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Unlawful Killing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dominic Kipkemoi Koros
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the accused unlawfully killed the deceased, Janet Koros, amounting to manslaughter.
- 2 Whether the mitigating circumstances warranted a lenient sentence.
Ratio Decidendi
The court found that the accused unlawfully killed the deceased by attacking her with a panga during a quarrel, resulting in fatal injuries. The plea of guilty to manslaughter was accepted following a plea bargain. In sentencing, the court considered the accused's remorse, his role as sole breadwinner, his age, and the reconciliation between some family members. However, the gravity of the offence and the opposition of the deceased's parents to a non-custodial sentence were also weighed. The court determined that a custodial sentence was appropriate and sentenced the accused to five years imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to five (5) years imprisonment.
- The accused has a right of appeal against sentence within 14 days.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO.11 OF 2017
REPUBLIC........................................................................................PROSECUTOR
VERSUS
DOMINIC KIPKEMOI KOROS............................................................ACCUSED
JUDGMENT
1. The Accused Person in this case, DOMINIC KIPKEMOI KOROS pleaded guilty to a charge of manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code after a successful plea bargain agreement signed on 17/11/2020.
2. The particulars of the charge are that the Accused Person unlawfully killed JANET KOROS on 6/5/2017 at Machorwa Village in Kaptoboiti Location in Belgut Sub-County within Kericho County.
3. The facts were as follows:-
“On the 6th day of May, 2017 at around 11. 00, the Deceased went home at Samutet Village with her niece called Celestine Chepkoech, they were from plucking tea from their family tea plantation. After passing in their compound they saw the Accused Person quarrelling with Peter Kipngeno over the piece of land. The Accused Person was holding a panga while Peter was holding a Jembe.
The Deceased went to where they were quarrelling with an intention to stop them but the Accused who was by then very annoyed confronted the Deceased then attached her using the panga that he was holding cutting her repeatedly inflicting serious deep cuts wounds on the Deceased’s head, neck, right hand and she fell down unconscious.
Celestine raised alarm and rushed to her grandmother who was by then in the Kitchen preparing food. She (her grandmother) rushed to the scene and found the accused Person still assaulting the Deceased while Peter Kipngeno was trying to stop the Accused using the Jembe that he was holding. She then ran to the road screaming and calling the neighbours to go and save the Deceased.
Neighbours arrived and managed to disarm and arrest the Accused who was threatening to attack everyone. They locked him in one of the houses belonging to his brother.
The neighbours secured a motorcycle rider and took her to Kericho District Hospital but was pronounced dead on arrival.
The neighbours reported the incident at Kapsoit Police Station and Police arrived at the scene and arrested the Accused Person.
The Deceased’s body was then transferred to Siloam Mortuary where Postmortem was conducted by Dr. Wesley Rotich who formed the opinion that the cause of death was severe head injury and bleeding due to head trauma by a sharp object and neck injury by a sharp object.
The Accused was then charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code which has now been reduced to the offence of manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code”.
4. The Accused Person’s Counsel said in mitigation that the Accused Person is remorseful and apologetic and further that he was overwhelmed with a prolonged land dispute between him and his Cousin and further that he assaulted the Deceased under duress psychologically affected by the land dispute.
5. The Learned Counsel for the Accused Person further said that the Accused Person is the sole bread winner of his family and is 28 years old and married with 2 children aged 4 and 1 ½ years.
6. The Probation Officer filed a Presentence Report on 27/11/2020 in which he stated that the Accused is remorseful and pleads for mercy and leniency from the Court.
7. The Probation Officer also stated that the husband of the Deceased and the Accused Person who are brothers have reconciled but the parents of the Deceased are still bitter and they are opposed to a non-custodial sentence.
8. There is evidence that the Accused Person was quarreling with one Peter Kipngeno when the Deceased tried to intervene and the Accused Person attacked her with a panga and inflicted fatal injuries on her.
9. The Accused Person unlawfully killed an innocent Person and in his mitigation he said there was an outstanding land dispute.
10. Taking into account the mitigating circumstances in this case, I sentence the Accused person to five (5) years imprisonment.
11. The Accused person has a right of appeal against sentence within 14 days (Explained to him).
Delivered, dated and signed at Kericho this 3rd day of December, 2020.
A. N. ONGERI
JUDGE