[2019] KEHC 1052 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, acted in response to a dangerous and unexplained intrusion into his home at night by a machete-armed individual. The court accepted that the accused did not know the purpose of the intrusion or whether the deceased was...
Source-derived case information.
- Citation
- [2019] KEHC 1052 (KLR)
- Parties
- Applicant: Republic; Defendant: Erick Kiprotich Bii
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused discharged; period in custody deemed sufficient
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Self Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Erick Kiprotich Bii
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 Whether the circumstances justified the accused's actions as self-defence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, acted in response to a dangerous and unexplained intrusion into his home at night by a machete-armed individual. The court accepted that the accused did not know the purpose of the intrusion or whether the deceased was alone, and that the accused's actions were in self-defence. The absence of a prior criminal record, the accused's youth, and the recommendation for a non-custodial sentence in the pre-sentence report were significant. The period already spent in custody was deemed sufficient punishment, and a custodial sentence was not warranted under the circumstances.
Court Disposition
accused discharged; period in custody deemed sufficient
Orders
- The accused is discharged from further custody.
- The period already served in custody is deemed sufficient confinement.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.14 OF 2019
REPUBLIC................................................PROSECUTION
VERSUS
ERICK KIPROTICH BII.................................ACCUSED
SENTENCE
1. The accused person stands convicted of the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code after entering a plea bargain agreement with the State to reduce the charge from murder to manslaughter.
2. On conviction the State said that they did not have previous record and asked the court to treat him as a first offender.
3. In mitigation, Ms Dela Wilbey for the accused stated that accused was a young man aged 24 years, who was not able to complete High School because parents were poor. He however, put up a kiosk at his father’s homestead where he makes ends meet and bought a motor bike for business.
4. Counsel emphasized that on the fateful night the deceased was the intruder and went to the house of the accused and tried to force himself in while armed with a machete. The accused thus rushed to the kitchen and took a knife in self defence and managed to stab the intruder. Counsel stated also that in that village, there were many incidences of insecurity.
5. Having considered the circumstances of the incident and the mitigation circumstances, I am of the view that a custodial sentence is not called for as the deceased was the intruder at night in the darkness of the home of the accused, and there is no evidence that the accused knew the purpose of this dangerous intrusion in the dark at night and whether the deceased was alone or what weapon he carried. The deceased was also found with a machete. The pre-sentence report which I have received today also recommends non-custodial sentence.
6. I thus discharge the accused, as the period he has been in custody in my view, is sufficient confinement.
Dated at Kericho this 28th day of November 2019.
George Dulu
JUDGE