[2014] KEHC 1972 (KLR)
The court found that the accused, having pleaded guilty to manslaughter in a plea bargain, had already served two years in custody and came from a family and clan willing to accept him back and support reconciliation. The offence arose from a domestic dispute in which the deceased, the accused's brother, had...
Source-derived case information.
- Citation
- [2014] KEHC 1972 (KLR)
- Parties
- Applicant: Republic; Defendant: Hillary Cheruiyot Kirui
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to three years' probation.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Probation, Family Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hillary Cheruiyot Kirui
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term or a non-custodial sentence after conviction for manslaughter.
- 2 What weight should be given to the circumstances of the offence, including the familial relationship and reconciliation prospects.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter in a plea bargain, had already served two years in custody and came from a family and clan willing to accept him back and support reconciliation. The offence arose from a domestic dispute in which the deceased, the accused's brother, had attacked their mother. The court considered the social inquiry report, the sentiments of the deceased's widow, and the need for community healing. In light of these factors, the court determined that a non-custodial sentence of three years' probation was appropriate to facilitate reconciliation and reintegration, rather than further incarceration.
Court Disposition
Accused sentenced to three years' probation.
Orders
- The accused shall serve three years on probation.
- 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. 38 OF 2012
REPUBLIC …............................................... PROSECUTOR
VERSUS
HILLARY CHERUIYOT KIRUI …........................ ACCUSED
RULING ON SENTENCE
The accused was initially charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. The same was reduced to Manslaughter contrary to Section 202 as read with Section 205 of thePenal Code after a plea bargaining arrangement. The accused was then convicted of Manslaughter.
The facts give the circumstances leading to the commission of the offence, which were very unfortunate. The deceased and accused were brothers. The deceased had attacked their mother, boxed her and even poured out food that was being cooked. The accused is said to be 22 years old. A social inquiry report was filed by the Probation Officer Kericho Isaac K. Rotich on 22nd October, 2014. It shows that the clan and family are ready to receive the accused back into the Community and prepare for the reconciliation and cleansing process.
I have also noted from the report the sentiments of the deceased's wife who has four children by the deceased. The clan and family are urged to ensure that the family supports this widow and children of the deceased.They are innocent victims of the offence.
I also note that the accused has been in custody for two years. Considering this and the fact that the deceased and accused were brothers, I will give a chance for the reconciliation process to take place.
The accused will serve three (3) years on Probation.The conditions are explained to the accused.
Dated, signed and delivered in open court this 10th day of November, 2014
H.I. ONG'UDI
JUDGE
In the presence of:
M/S Munyolo for State
Mr. Onganyi for accused
Rotich – Court Assistant