[2014] KEHC 4426 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, was provoked by the deceased's conduct but was not justified in his actions. The court considered the accused's remorse, the support of both families for reconciliation, the positive probation report, and the fact that...
Source-derived case information.
- Citation
- [2014] KEHC 4426 (KLR)
- Parties
- Applicant: Republic; Defendant: Elijah Kipkemoi Langat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to two years probation under supervision; non-custodial sentence imposed.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Probation, Provocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Elijah Kipkemoi Langat
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 Whether the circumstances of provocation and mitigation justify a lesser sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, was provoked by the deceased's conduct but was not justified in his actions. The court considered the accused's remorse, the support of both families for reconciliation, the positive probation report, and the fact that the accused had already spent two years in custody. The court determined that the home environment was conducive for the accused's reintegration and that a non-custodial sentence would serve the interests of justice. Accordingly, the court ordered the accused to be released from custody to serve two years probation under supervision.
Court Disposition
Accused sentenced to two years probation under supervision; non-custodial sentence imposed.
Orders
- The accused is released from custody to serve two years probation under the supervision of the Probation Officer, Kericho County.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 43 OF 2012
REPUBLIC.........................................................PROSECUTOR
VERSUS
ELIJAH KIPKEMOI LANGAT......................................ACCUSED
SENTENCE
ELIJAH KIPKEMOI LANGAT, was initially brought before this court to face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. Pursuant to the plea agreement executed on 27th May 2014, the accused instead pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. This court convicted the accused for manslaughter upon approving the aforesaid plea agreement.
Before pronouncing the sentence, this court invited the Prosecution to outline the accused's past criminal record and further asked the accused to present facts in Mitigation. This court also requested the Probation Officer to prepare and file a Probation Report on the accused. At the time of writing this decision, the Probation Report had been filed. Miss. Kivali, learned prosecuting counsel urged this court to treat the accused as a first offender. Mr. Mutai, learned advocate for the accused beseeched this court to pronounce a non-custodial sentence to enable him take care of his five children who are of tender age. Those children are currently under the care of the accused's elderly mother. The accused is said to be remorseful. There is no doubt, that the accused has been in custody since the year 2012 i.e for two (2) years. The facts outlined by the prosecution show that the accused was provoked by the deceased's conduct to the extent that he acted unreasonably. The accused in any case was not justified to act in the manner he did. His action took away the life of his wife. The deceased is said to have left the Matrimonial home on the fateful day and had not arrived at the time the accused came back home at 7. 30pm. The deceased came back at 12. 30am while drunk. She found the accused and the children asleep. The family appears to have slept without having dinner due to the absence of the deceased. She told the accused that she was from the posho mill. This was obviously a lie. This lie may have infuriated the accused who started beating up the deceased using a metal bar which was usually used to light fire. The couple slept in separate beds. The accused checked on the deceased in the morning but discovered she was dead. He then surrendered himself to Fort-tenan Police Station who in turn arrested him and later preferred a charge of murder. The deceased's body was taken for postmortem. The cause of death was stated to be severe haemorrhage. It is clear from the facts outlined that the accused did not intend to cause grievous harm or death. The probation report indicates that the victim's family is ready to reconcile with that of the accused after conducting the traditional Kipsigis Traditional Cleansing Ceremonies. The two families are not opposed to any non-custodial sentence being pronounced. The probation officer too, recommended for a non-custodial sentence.
After considering all the relevant factors, I am convinced that a non-custodial sentence is the appropriate penalty since the home environment is conducive and receptive to the accused. Consequently, I hereby order that the accused be released from custody to serve two years probation under the supervision of the Probation Officer, Kericho County.
Dated, Signed and delivered in open court this 13th day of June, 2014.
….......................
J.K.SERGON
JUDGE
In the presence of:
Miss. Kivali for Director of Public Prosecutions
Mr. Langat holding brief for Mr. Koko for accused