[2014] KEHC 1737 (KLR)
The court found that the accused, having pleaded guilty to manslaughter following a plea bargain, used excessive and uncalled-for force against the deceased, who did not attack him. The court considered the three years already spent in custody, the favourable probation report, and the familial relationship between...
Source-derived case information.
- Citation
- [2014] KEHC 1737 (KLR)
- Parties
- Applicant: Republic; Defendant: Geoffrey Kiprono Chirchir
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2011
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Geoffrey Kiprono Chirchir
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter following a plea bargain agreement.
- 2 What is the appropriate sentence considering the circumstances, period in custody, and probation report.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter following a plea bargain, used excessive and uncalled-for force against the deceased, who did not attack him. The court considered the three years already spent in custody, the favourable probation report, and the familial relationship between the accused and the deceased. Balancing these factors, the court determined that a sentence of three and a half years was appropriate, to be served partly as imprisonment and partly on probation, with the conditions explained to the accused.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to three and a half years for manslaughter.
- The first eighteen months to be served in prison (imprisonment).
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 40 OF 2011
REPUBLIC …...............................................PROSECUTOR
VERSUS
GEOFFREY KIPRONO CHIRCHIR…..................ACCUSED
RULING ON SENTENCE
The accused was initially charged with Murder which was later reduced to Manslaughter after a plea bargaining arrangement.
The circumstances of the case are clear from the facts. Even if there was a misunderstanding between the deceased and the accused the former did not attack the latter. The force used by the accused was excessive and uncalled for.
The accused has been in custody since September, 2011 a period of three (3) years.
The report by the Probation officer is favourable to the accused person, though the deceased's family is still not happy especially after the accused's family's failure to compensate them. However, what I pick from the report of the Probation officer is that the deceased's sister was or is the wife of the accused. The deceased was therefore a brother-in-law of the accused person.
I have considered the circumstances of the case; the period the accused has been in custody; the information in the report by the Probation officer and the relationship between the accused and the deceased.
I find a sentence of 3½ years to be appropriate. The sentence will be served as follows:
1. The first eighteen(18) months will be served in Prison (imprisonment).
2. The remaining twenty four(24) months on Probation.
3. The conditions are well explained to the accused.
Dated, signed and delivered this 14th day of November, 2014
H.I. ONG'UDI
JUDGE
In the presence of
M/S Munyolo for State
Motanya for accused
Accused
Rotich – Court Assistant