[2015] KEHC 6689 (KLR)
The court found that the accused was a minor at the time of the offence, having been approximately sixteen years old. He had already spent about four years in custody before conviction, during which no evidence was taken. The social inquiry report indicated he had family support and potential for rehabilitation. In...
Source-derived case information.
- Citation
- [2015] KEHC 6689 (KLR)
- Parties
- Respondent: Republic; Defendant: Geoffrey Kipkorir Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2011
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to three years probation.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Juvenile Offender, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Geoffrey Kipkorir Rono
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused, being a minor at the time of the offence, should receive a custodial or non-custodial sentence.
- 2 What is the appropriate sentence for a conviction of manslaughter following a plea bargain.
Ratio Decidendi
The court found that the accused was a minor at the time of the offence, having been approximately sixteen years old. He had already spent about four years in custody before conviction, during which no evidence was taken. The social inquiry report indicated he had family support and potential for rehabilitation. In light of these circumstances, and considering the principles of sentencing for minors and the objectives of rehabilitation, the court determined that a non-custodial sentence was appropriate. The accused was therefore sentenced to three years on probation under the supervision of a Probation Officer, with conditions explained to him.
Court Disposition
Accused sentenced to three years probation.
Orders
- The accused shall serve three years on probation under the supervision of a Probation Officer.
- The conditions of probation are to be fully explained to the accused.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 20 OF 2011
REPUBLIC.......................................................PROSECUTOR
VERSUS
GEOFFREY KIPKORIR RONO.................................ACCUSED
RULING ON SENTENCE
1. The accused was first arraigned in court on 4th May 2011 charged with the offence of murder.
2. After a plea bargaining arrangement the charge was reduced to Manslaughter to which he was convicted on 18th December, 2014.
3. I do note from the material before me that the accused was born in 1995. It means he was approximately sixteen (16) years at the time of the offence. For about four (4) years the accused was in custody and not even the evidence of one witness had ever been taken!
4. He was therefore a minor at the time of the offence. In spite of the poor upbringing he has a mother, siblings and relatives according to the social inquiry report filed herein.
5. I find him suitable for a non custodial sentence in the circumstances. He will serve three (3) years on probation. He should be properly guided by the supervising Probation Officer. The conditions are fully explained to him.
Dated, signed and delivered in court this 17th day of February, 2015.
…..................
H. ONG'UDI
JUDGE
In the presence of:
M/s Kivali for State
Mr. Kirui for accused
Lagat- court assistant