[2014] KEHC 3382 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and shown remorse, was entitled to mitigation. The court considered the absence of a prior criminal record, the fact that the offence was committed under the influence of alcohol, and the ongoing reconciliation between the families. The...
Source-derived case information.
- Citation
- [2014] KEHC 3382 (KLR)
- Parties
- Applicant: Republic; Defendant: Joel Kipketer Malel
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused convicted of manslaughter and sentenced to three years probation; released from custody.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joel Kipketer Malel
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 period already spent in custody and the process of reconciliation between the families should mitigate the sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and shown remorse, was entitled to mitigation. The court considered the absence of a prior criminal record, the fact that the offence was committed under the influence of alcohol, and the ongoing reconciliation between the families. The probation report strongly recommended a non-custodial sentence, and the court was persuaded that the period already spent in custody (three years and three months) was sufficient punishment. Consequently, the court determined that the interests of justice would be best served by releasing the accused from custody and placing him on probation for three years under supervision.
Court Disposition
Accused convicted of manslaughter and sentenced to three years probation; released from custody.
Orders
- The accused is set free from custody.
- The accused shall serve three years on probation under the supervision of the Probation Officer Sotik/Bureti/Konoin Districts.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 19 OF 2011
REPUBLIC.........................................................PROSECUTOR
VERSUS
JOEL KIPKETER MALEL.........................................ACCUSED
SENTENCE
The accused person, Joel Kipketer Malel, is before this court to face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. Pursuant to the plea agreement dated 16th July 2014, the accused instead pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
Upon convicting the accused person, this court invited the accused's learned advocate to submit on facts in Mitigation. Miss. Kivali, learned Prosecution Counsel urged this court to treat the accused as a first offender since she did not have the accused's past criminal record. Mr. Koko, learned advocate for the accused urged this court to be lenient to the accused and pronounce a non-custodial sentence since the accused is remorseful and regrets committing the offence which led to the death of his cousin. The accused further stated that the offence was committed while he was under the influence of alcohol. Mr. Koko further urged this court to consider the fact that the accused has been in custody for the last three years three months. This court was also told that the families of the offender and the victim have started the process of reconciliation. I have also considered the probation report filed by the Probation Officer, Sotik/Bureti/Konoin Districts. In the aforesaid report, it is indicated that the offence was committed while the accused was under the influence of alcohol and that he was provoked by the deceased who was also under the influence of alcohol. The report further confirms that the two families are ready to forgive each other and forge ahead to reconcile. I have also taken into account the fact that the accused has been in custody for three years three months. There is a strong recommendation that the accused should be given a non-custodial sentence. I am persuaded that the most appropriate sentence should be a non-custodial sentence. I hereby order that the accused be set free from custody and ordered to serve three years on probation under the supervision of the Probation Officer Sotik/Bureti/Konoin Districts.
Dated, Signed and delivered in open court this 24th day of July, 2014.
...................
J.K.SERGON
JUDGE
In the presence of
Miss. Kivali for Director of Public Prosecutions
Boyon holding brief for Mr. Koko for Accused