[2015] KEHC 6674 (KLR)
The court found that, given the circumstances of the offence, the reconciliation between the families, the accused's young age, and the period already spent in custody, a custodial sentence was not warranted. The social inquiry report supported the suitability of probation, and the court determined that a probation...
Source-derived case information.
- Citation
- [2015] KEHC 6674 (KLR)
- Parties
- Respondent: Republic; Defendant: Gilbert Rotich Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to probation for three years
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Probation, Social Inquiry Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gilbert Rotich Rono
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to imprisonment or probation for the offence of manslaughter.
- 2 What weight should be given to the reconciliation between the families and the social inquiry report.
Ratio Decidendi
The court found that, given the circumstances of the offence, the reconciliation between the families, the accused's young age, and the period already spent in custody, a custodial sentence was not warranted. The social inquiry report supported the suitability of probation, and the court determined that a probation order would best serve the interests of justice by facilitating the accused's rehabilitation and reintegration into society. The court therefore sentenced the accused to three years' probation, with conditions explained to him.
Court Disposition
accused sentenced to probation for three years
Orders
- The accused is sentenced to serve on probation for three years.
- The conditions of probation are explained to the accused.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 41 OF 2012
REPUBLIC.............................................................PROSECUTOR
VERSUS
GILBERT ROTICH RONO...........................................ACCUSED
RULING ON SENTENCE
The accused had initially been charged with Murder contrary to Section 203 as read with Section 204 of the Penal Code. After plea bargaining the charge was reduced to Manslaughter for which the accused was convicted.
The circumstances leading to the offence are clear from the facts. The accused and the deceased fought before the stone throwing started. The social inquiry report shows that the accused is aged twenty three (23) years and unmarried. The two families are said to have negotiated and agreed to reconcile. Accused has been in custody for two years and three months.
Considering the circumstances leading to the commission of the offence and the social inquiry report I find this to be a suitable case for referral to probation. This will enable the accused undergo counselling and guidance.
I therefore sentence the accused to serve on Probation for three (3) years.
The conditions are clearly 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. Akinyi for accused
Lagat- court assistant