[2014] KEHC 6630 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, was a first offender, young, remorseful, and had committed the offence while drunk and provoked. The probation report indicated the family was willing to forgive and accept him back, and the probation officer did not...
Source-derived case information.
- Citation
- [2014] KEHC 6630 (KLR)
- Parties
- Respondent: Republic; Defendant: Geoffrey Kipngetich Rotich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 44 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused convicted of manslaughter and sentenced to two years probation
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Probation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Geoffrey Kipngetich Rotich
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating factors should influence the sentence imposed on the accused.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, was a first offender, young, remorseful, and had committed the offence while drunk and provoked. The probation report indicated the family was willing to forgive and accept him back, and the probation officer did not object to probation. Considering these mitigating factors and the time already spent in custody, the court determined that a non-custodial sentence was appropriate. The accused was therefore released from custody and ordered to serve two years on probation under supervision.
Court Disposition
accused convicted of manslaughter and sentenced to two years probation
Orders
- The accused is set free from custody.
- The accused is ordered to serve probation for two years under the supervision of the Kericho Probation Officer.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 44 OF 2012
REPUBLIC.........................................................PROSECUTOR
VERSUS
GEOFFREY KIPNGETICH ROTICH.........................ACCUSED
SENTENCE
GEOFFREY KIPNGETICH ROTICH, the accused, was initially arraigned before this court to face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. Pursuant to the plea agreement dated 5th November 2013, the accused pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. On 28th November 2013, this court approved the plea agreement and proceeded to convict the accused on his own plea of guilty to the aforesaid agreement.
Before pronouncing the sentence, this court invited the accused's learned advocate to present facts in Mitigation. The court also called for a Probation Report. Before considering the Mitigating factors and the Probation Report, let me set out in brief the facts of this case. It is said that on 4th November 2012, at about 6. 00pm, the accused arrived home at Kichawir Village, Tugunon Sub-location in Kericho County, from a drinking spree. He picked up a quarrel with his father, Joseph Kiprotich Sigilai, the deceased over the sale of some maize from the family store. A fight ensued. The deceased entered his house came out with a walking stick while armed with a knife. After a short struggle, the accused managed to snatch the knife from the deceased which he used to stab the deceased thus fatally injuring him. The Pathologist formed the opinion that the deceased died as a result of severe haemorrhage due to stab wound.
Miss. Muthee, learned Prosecuting State Counsel, informed this court that she had no past criminal record of the accused. The accused was consequently treated as a first offender. Mr. Maengwe, learned Defence Counsel, beseeched this court to be lenient to the accused by meting out a non-custodial sentence. It is his submission that the accused is remorseful and regrets killing his father. I have also considered the Probation Report. It is stated that the family is willing to forgive the accused and that they are ready to accept him back home. From the facts in Mitigation and the probation report, it is clear that the offence was committed by the accused while he was drunk and annoyed. He is a first offender, young and remorseful. The accused has been in custody since the time of his arrest i.e on 5th November 2012. The Probation Officer does not have any objection if the accused is placed on probation. I am convinced that in view of the circumstances of this case the appropriate sentence should be non-custodial. The accused is hereby set free from custody and is ordered to served probation for two years under the supervision of the Kericho Probation Officer.
Dated, Signed and delivered in open court this 7th day of March, 2014.
…...................
J.K.SERGON
JUDGE
In the presence of:
Mr. Maengwe for the Appellant
Miss. Kivali for Director of Public Prosecution