[2022] KEHC 1984 (KLR)
The court found that although the accused caused the death of her daughter by using excessive force, there was no intention to kill. The accused pleaded guilty to manslaughter, showed genuine remorse, and is a first offender with other children dependent on her. The presentencing report was positive, and both the...
Source-derived case information.
- Citation
- [2022] KEHC 1984 (KLR)
- Parties
- Respondent: Republic; Defendant: Faith Chepkorir Ngetich
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E032 of 2021
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- accused sentenced to three years' probation and released from custody unless held for other lawful reasons
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Probation, Remorse, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Faith Chepkorir Ngetich
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 Whether the accused is guilty of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation.
Ratio Decidendi
The court found that although the accused caused the death of her daughter by using excessive force, there was no intention to kill. The accused pleaded guilty to manslaughter, showed genuine remorse, and is a first offender with other children dependent on her. The presentencing report was positive, and both the family and community were prepared to accept her back. The court emphasized the purpose of punishment as reformation and determined that a custodial sentence was not necessary in this case. Consequently, the accused was sentenced to a three-year probation period under the supervision of the County Probation Officer and released from custody unless held for other lawful reasons.
Court Disposition
accused sentenced to three years' probation and released from custody unless held for other lawful reasons
Orders
- The accused is sentenced to serve a three years’ probation period under the directions of the County Probation Officer.
- The accused is released from custody unless lawfully held for other reasons.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. E032 OF 2021.
REPUBLIC..............................................................................PROSECUTOR
VERSUS
FAITH CHEPKORIR NGETICH.................................................ACCUSED
JUDGEMENT ON SENTENCE
1. The accused was charged with the offence of murder which was later reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the penal code.The deceased was her daughter Abigail Chelangat which occurred at Kapnoo trading centre in Tinet location Kuresoi sub county, Nakuru County.
2. When the matter came up for fresh plea the accused admitted the charge and in mitigation she prayed for leniency.
3. The court has perused the presentencing report and it is apparent that the accused did not intend to kill the deceased but was attempting to discipline her. It seems as well that the deceased was suffering from epilepsy as she was being treated using alternative medicine.
4. The family of the deceased and the community accepts the circumstances and are ready to receive the accused.
5. The action by the accused was completely unwarranted as she used excessive force to injure the deceased who eventually died. This was made worse by the fact that she put the deceased body in a sack and threw her into a pit latrine. This action will I believe haunt her always.
6. Needless to say the accused is a first offender and she has shown remorse. She has other children who need her care. The report is positive and this court takes the above into consideration. The purpose of punishment as per the judiciary sentencing policy is to reform which I hope she shall take advantage of.
7. In the premises, the accused is hereby sentence to serve a three years’ probation period under the directions of the County Probation Officer. He is otherwise released from custody unless lawfully held for other reasons.
DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 3RD DAY OF MARCH 2022.
H K CHEMITEI.
JUDGE.