[2014] KEHC 7482 (KLR)
The court determined that, given the accused's remorse, the support for reconciliation from both families and the community, the non-hostile home environment, and the probation officer's recommendation, a non-custodial sentence would best serve justice. The court found that immediate release from custody and...
Source-derived case information.
- Citation
- [2014] KEHC 7482 (KLR)
- Parties
- Respondent: Republic; Defendant: Josphat Kipkemoi Ngetich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2010
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused convicted of manslaughter and sentenced to two years probation under supervision; released from custody.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Probation, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Josphat Kipkemoi Ngetich
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 What mitigating and aggravating factors should influence the sentence.
Ratio Decidendi
The court determined that, given the accused's remorse, the support for reconciliation from both families and the community, the non-hostile home environment, and the probation officer's recommendation, a non-custodial sentence would best serve justice. The court found that immediate release from custody and placement under probation supervision would facilitate reconciliation and rehabilitation, outweighing the need for further incarceration. The court also considered the accused's prior conduct, the circumstances of the offence, and the interests of the victim's family, concluding that probation was appropriate under the circumstances.
Court Disposition
Accused convicted of manslaughter and sentenced to two years probation under supervision; released from custody.
Orders
- The accused is set free from custody.
- The accused shall serve two years probation under the supervision of the Probation Officer, Sotik District.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 15 OF 2010
REPUBLIC.........................................................PROSECUTOR
VERSUS
JOSPHAT KIPKEMOI NGETICH...............................ACCUSED
SENTENCE
The accused person herein,Joseph Kipkemoi Ngetich, was initially arraigned before this court to face a charge of murder contrary to Section 203 as read with Section 204 of the Penal Code. The particulars of the offence are that on the 2nd day of September 2010 at Kapcherire Village in Sotik District within Bomet County, it is said the accused murdered Mercy Ngetich. However, before the trial commenced, the accused executed the plea agreement dated 27th November 2013 in which the accused instead pleaded guilty to the lesser charge of manslaughter contrary to Section 202as read with Section 205 of the Penal Code and was subsequently convicted. This court invited the defence to submit facts in mitigation and also called for a probation report on the accused to be filed.
I have considered the factors submitted in Mitigation and the Probation officer's report. The accused is not a first offender. Mr. Ongany, learned advocate for the accused stated that the accused is remorseful with young children aged between one (1) year and eleven (11) years. It is also argued that the accused committed the offence under the influence of alcohol and that he lost his father at a very early age. According to the probation officer's report the accused had separated with his wife (deceased) due to domestic quarrels. The community and the family aver that the accused was rude and violent hence he was nicknamed “Osama”. He regrets the offence which he claims he committed under extreme provocation by the deceased. The process of reconciliation between the victim's family and the accused have begun. It is said both sides together with the community at large are ready to forgive the accused hence ready to welcome him back to society. It is further stated that the deceased's family are still bitter but are supportive of any positive decision that will allow the traditional cleansing ritual and compensation to take place. The probation officer recommended a non-custodial sentence be meted out. After a careful consideration of all the relevant factors, I am convinced the appropriate sentence should be non-custodial. The home environment is not hostile. If the accused is given a non-custodial sentence, it will hasten the process of reconciliation between the affected families. I hereby order that the accused be set free from custody and immediately thereafter to serve two (2) years probation under the supervision of Probation Officer, Sotik District.
Dated, Signed and delivered in open court this 20th day of March, 2014.
…...................
J.K.SERGON
JUDGE
In the presence of:
Mr. Ongany for Accused
Mr. Lopkoyit for Director of Public Prosecutions