[2014] KEHC 6106 (KLR)
The court found that the accused, Joan Cherotich Ngeno, acted in self-defence after being provoked by the deceased, who entered her home violently and under the influence of alcohol. The court considered the accused's status as a first offender, her family situation, the community's acceptance, and ongoing...
Source-derived case information.
- Citation
- [2014] KEHC 6106 (KLR)
- Parties
- Applicant: Republic; Defendant: Joan Cherotich Ngeno
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused convicted of manslaughter and sentenced to two years probation.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Self Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joan Cherotich Ngeno
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 Whether the accused's actions constituted self-defence under the circumstances.
Ratio Decidendi
The court found that the accused, Joan Cherotich Ngeno, acted in self-defence after being provoked by the deceased, who entered her home violently and under the influence of alcohol. The court considered the accused's status as a first offender, her family situation, the community's acceptance, and ongoing reconciliation efforts between the families. Given these mitigating factors and the absence of intent to kill, the court determined that a non-custodial sentence was appropriate. The accused was therefore ordered to serve a two-year probation under supervision, rather than a custodial sentence.
Court Disposition
Accused convicted of manslaughter and sentenced to two years probation.
Orders
- The accused is set free from custody.
- The accused shall serve a two-year probation under the supervision of the Probation Officer, Bomet County.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 34 OF 2013
REPUBLIC...........................................................PROSECUTOR
VERSUS
JOAN CHEROTICH NGENO........................................ACCUSED
SENTENCE
JOAN CHEROTICH NGENO, the accused, was initially arraigned before this court on the information of the Director of Public Prosecution to face a charge of murder. Pursuant to the plea agreement dated 20th March 2014, the accused instead of undergoing a trial for murder, pleaded guilty to the lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code and was subsequently convicted. The particulars of the offence are that on the 3rd day of August 2013, at Kapkoros Village in Bomet District within Bomet County, she killed JOSEPH KIPRONO MUTAI alias KIMALEL.
Upon conviction and before sentencing, this court invited the accused to make submissions in Mitigation and also called for a Probation Report on the accused. This court was informed that the accused is a first offender who is married with two (2) children of tender age. Mr. Motanya, learned advocate for the accused, submitted that the accused committed the offence while acting in self defence having been provoked by the deceased. The learned advocate beseeched this court to pronounce a non-custodial sentence. I have further looked at the Probation Report which had earlier been filed. The report shows that the accused stabbed the deceased in self-defence as they both clashed over a knife that was on the accused's kitchen table which she managed to grab first. The incident occurred after the victim came to the offender's house in a violent manner demanding to be shown where his wife whom she had earlier fought with had gone to hide. There is information that both the accused's parents and those of the victim are taking steps to reconcile and have the victim's family compensated. The community is said to be receptive to the accused. They appreciate that the accused did not intend to kill the deceased save that she acted in self-defence when provoked by the deceased who was under heavy influence of alcohol. Since the home environment is not hostile and that there are measures being taken to reconcile the two families, I am convinced the most appropriate sentence should be non-custodial. I hereby order that the accused be set free from custody and to thereafter serve a two (2) year probation under the supervision of the Probation Officer, Bomet County. The accused should exhibit good behaviour during this period.
Dated, Signed and delivered in open court this 20th day of March, 2014.
….......................
J.K.SERGON
JUDGE
In the presence of:
Mr. Lopokoiyit for Director of Public Prosecutions
Mr. Motanya for Accused