[2020] KEHC 192 (KLR)
The court found that, despite the accused's remorse, first offender status, and guilty plea, the aggravating factors—including the use of a knife to stab an unarmed victim and the resulting community animosity—outweighed the mitigating circumstances. The court determined that a non-custodial sentence was...
Source-derived case information.
- Citation
- [2020] KEHC 192 (KLR)
- Parties
- Applicant: Republic; Defendant: Erick Kipkorir Langat alias Kiprono
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to eight years imprisonment for manslaughter
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Plea Bargaining
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Erick Kipkorir Langat alias Kiprono
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 What mitigating and aggravating factors should influence the length and nature of the sentence.
Ratio Decidendi
The court found that, despite the accused's remorse, first offender status, and guilty plea, the aggravating factors—including the use of a knife to stab an unarmed victim and the resulting community animosity—outweighed the mitigating circumstances. The court determined that a non-custodial sentence was inappropriate given the seriousness of the offence and the need to deter similar conduct in the community. Consequently, the accused was sentenced to eight years' imprisonment for manslaughter, which was deemed proportionate to the circumstances and in line with the maximum sentence prescribed by law.
Court Disposition
accused sentenced to eight years imprisonment for manslaughter
Orders
- The accused Erick Kipkorir Langat alias Kiprono is sentenced to eight (8) years imprisonment.
- Right of appeal on sentence explained.
Full Case Text
Judgment text and source record
19 paragraphs
REPBULIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO 20 OF 2017
REPUBLIC.....................................................PROSECUTOR
VERSUS
ERICK KIPKORIR LANGATaliasKIPRONO....ACCUSED
SENTENCE
1. The 2nd accused herein ERCIK KIPROTICH LANGAT alias KIPRONO initially charged with another for murder pleaded guilty to the lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
2. In mitigation, defence counsel Mr. Koske submitted that the accused is a youngman aged 27 and not married. He is a first offender and remorseful. Counsel added that the accused had reflected on his life in prison and was apologetic and changed his character in prison and embraced Christianity and would not take alcohol any more.
3. A pre-sentence report was dated 4/3/2020 signed by Ezekiel Langat Probation Officer Bomet was also filed, in which it was recommended that non-custodial sentence was not appropriate as the victim’s father was still very bitter.
4. I have considered that the accused is a youngman and that the incident occurred when the deceased and the accused had taken traditional liquor. A quarrel over the deceased having killed the accused’s dog was the primary cause of the incident and the two fought. I have considered that the accused is a first offender and is remorseful. He has been in custody since 2017 more than 2 years now. I have also considered that the accused pleaded guilty and did not waste our time.
5. A non-custodial sentence is not appropriate as the accused used a knife to stab the deceased who was not armed. The community animosity created by the killing of the deceased by the accused justifies a custodial sentence to avert similar occurrences in the community. I must point out that the habit of taking alcohol and killing one another is a senseless habit which needs to be discouraged.
6. The maximum sentence for manslaughter being life sentence, I sentence the accused ERICK KIPKORIR LANGAT alias KIPRONO to eight (8) years imprisonment.
Right of appeal on sentence explained.
Dated and delivered at Bomet this 5th March 2020.
GEORGE DULU
JUDGE
5/3/2020