[2015] KEHC 6210 (KLR)
The court found that the accused, as the stepfather of the eight-year-old deceased, committed acts that went beyond mere discipline, as revealed by the social inquiry report. Given the seriousness of the offence and the accused's attitude, a non-custodial sentence was deemed unsuitable. The court considered the two...
Source-derived case information.
- Citation
- [2015] KEHC 6210 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Kiplangat Chepkwony
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to five years imprisonment for manslaughter.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Sentencing Guidelines, Plea Bargaining, Child Victims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Geoffrey Kiplangat Chepkwony
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether a non-custodial sentence is appropriate for the accused convicted of manslaughter of a child.
- 2 What is the suitable sentence for manslaughter under the circumstances of this case.
Ratio Decidendi
The court found that the accused, as the stepfather of the eight-year-old deceased, committed acts that went beyond mere discipline, as revealed by the social inquiry report. Given the seriousness of the offence and the accused's attitude, a non-custodial sentence was deemed unsuitable. The court considered the two years already spent in custody but concluded that a custodial sentence was necessary to reflect the gravity of the offence. Accordingly, the accused was sentenced to five years imprisonment for manslaughter under Section 202 as read with Section 205 of the Penal Code.
Court Disposition
Accused sentenced to five years imprisonment for manslaughter.
Orders
- Accused to serve five (5) years imprisonment.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 5 OF 2013
REPUBLIC................................................PROSECUTOR
VERSUS
GEOFFREY KIPLANGAT CHEPKWONY..............ACCUSED
RULING ON SENTENCE
The accused was convicted of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after a plea bargaining arrangement.
The accused is the step father of the deceased who was aged eight (8) years old.
The circumstances leading to the commission of the offence are in the facts.
The social inquiry report has revealed a lot about the accused and his attitude towards the deceased. What he did to the deceased was beyond discipline, of a child.
The accused has been in custody for two (2) years now.
I have taken all the above into consideration and find a non-custodial sentence to be unsuitable.
Accused to serve five (5) years imprisonment.
Dated, signed and delivered this 13th day of March 2015.
H.I. ONG'UDI
JUDGE
In the presence of ;
M/s Mwangi for State
Mr. Brandon for accused
Lagat – Court Assistant