[2018] KEHC 89 (KLR)
The court found that both accused were first offenders, had significant family responsibilities, and had been in custody since December 2017. The deceased was their brother, and the offence arose from a dispute over a mobile phone. Despite these mitigating factors, the court emphasized the gravity of the offence,...
Source-derived case information.
- Citation
- [2018] KEHC 89 (KLR)
- Parties
- Applicant: Republic; Defendant: Gilbert Kipkemoi Bore; Defendant: Simon Cheruiyot Bore
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2017
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- Both accused sentenced to eight years imprisonment for manslaughter.
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, First Offender Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Gilbert Kipkemoi Bore
Defendant
Simon Cheruiyot Bore
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 What is the appropriate sentence for the offence of manslaughter committed by the accused persons.
- 2 How should the court weigh the mitigating factors, including the accuseds' status as first offenders and their familial relationship to the deceased.
Ratio Decidendi
The court found that both accused were first offenders, had significant family responsibilities, and had been in custody since December 2017. The deceased was their brother, and the offence arose from a dispute over a mobile phone. Despite these mitigating factors, the court emphasized the gravity of the offence, noting that a 26-year-old life was lost due to a fatal cut wound inflicted by the accused. Balancing the mitigating circumstances against the seriousness of the offence, the court determined that an eight-year imprisonment term was appropriate and imposed this sentence pursuant to section 322(2) of the Criminal Procedure Code.
Court Disposition
Both accused sentenced to eight years imprisonment for manslaughter.
Orders
- Each accused shall serve eight (8) years imprisonment from the date of conviction.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL CASE NO. 42 OF 2017
REPUBLIC...............................................................................PROSECUTOR
VERSUS
GILBERT KIPKEMOI BORE.................................................1ST ACCUSED
SIMON CHERUIYOT BORE.................................................2ND ACCUSED
JUDGEMENT ON SENTENCE
1. I convicted both accused of the offence of manslaughter on 18/10/2018. The issue before me now is one of the appropriate sentence to be imposed upon the accused.
2. I find that the accused are first offenders. I also find that the deceased was their brother. I further find that they have been in custody since December 2017. I also find that there was a dispute over the return of the mobile phone, which the 1st accused had sold to the deceased for shs.500/=
3. Mr. Kambo for the 1st accused submitted that the 1st accused was 22 years old. He has three primary school going children. He has also submitted that he is the sole breadwinner of his family and is a boda boda rider.
4. In respect of the 2nd accused, Mr. Kambo submitted that he has 6 school going children and that he is the sole breadwinner of the family. As regards his age, Mr. Kambo submitted that he is aged about 42 years.
5. However, I find that the 26 year old life of the deceased has been lost. I also find that there was one cut wound on the left upper chest of the deceased which caused his death.
6. After taking into account the mitigation of both accused and the fact that they have been in custody since 22/12/2017, I find that the appropriate sentence is eight (8) years imprisonment, which I hereby impose pursuant to section 322 (2) of the Criminal Procedure Code (Cap 75) Laws of Kenya.
Judgement delivered in open this 12th day of November, 2018 in the presence of Mr. Omwega for the state and Mr. Kambo for the accused.
J. M. Bwonwonga
Judge
12/11/2018