[2015] KEHC 4930 (KLR)
The court found that the accused, having been convicted of manslaughter following a plea bargain, was a first offender with dependent children and had already spent three years in custody. The social inquiry report indicated no objection to a non-custodial sentence from the administration and other stakeholders,...
Source-derived case information.
- Citation
- [2015] KEHC 4930 (KLR)
- Parties
- Applicant: Republic; Defendant: Floridah Chepngeno Talam
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2012
- Procedural Posture
- Criminal Case / Ruling on Sentence
- Outcome
- Accused sentenced to three years probation.
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Floridah Chepngeno Talam
Defendant
Procedural Posture
Criminal Case / Ruling on Sentence
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for the offence of manslaughter.
- 2 Whether the period already spent in custody should be considered in sentencing.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter following a plea bargain, was a first offender with dependent children and had already spent three years in custody. The social inquiry report indicated no objection to a non-custodial sentence from the administration and other stakeholders, except for the deceased's widow. Weighing these factors, the court determined that a non-custodial sentence was appropriate and ordered the accused to serve three years on probation, with conditions explained to her.
Court Disposition
Accused sentenced to three years probation.
Orders
- The accused shall serve three years on probation.
- Conditions of probation explained to the accused.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.19 OF 2012
REPUBLIC..........................................................................PROSECUTOR
VERSUS
FLORIDAH CHEPNGENO TALAM..........................................ACCUSED
RULING ON SENTENCE
The Accused who was initially charged with the offence of Murder was convicted of Manslaughter after a plea bargaining arrangement.
Its clear from the facts that the deceased was a victim of circumstances. The person/persons whom the accused had targeted was her husband and/or his female companion.
She is a 1st offender and has children who require her presence for proper upbringing as her husband is a drunkard.
Besides the deceased's widow's opposition to a non-custodial sentence for the accused, the administration, and all those interviewed have no objection. This is contained in the social inquiry report filed herein.
The accused has been in custody since March 2012, which is three (3) years.
Considering all the circumstances plus the period the accused has been in custody I find her suitable for a non-custodial sentence.
She will serve three (3) years on probation.
Conditions explained to her.
Dated, signed and delivered in open court this 15th day of May, 2015.
H.I.ONG'UDI
JUDGE
In the presence of
M/s Mwangi for State
Accused- present in person
Kipyegon- court assistant