[2019] KEHC 6726 (KLR)
The court determined that despite the accused being a first offender and pleading guilty to manslaughter, the violent circumstances of the offence, specifically the use of a machete resulting in the loss of life, outweighed the mitigating factors. The absence of a pre-sentence report did not prevent the court from...
Source-derived case information.
- Citation
- [2019] KEHC 6726 (KLR)
- Parties
- Respondent: Republic; Defendant: Josphat Kipngetich Korir
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to five years imprisonment
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Josphat Kipngetich Korir
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether a non-custodial sentence is appropriate for a first offender who pleaded guilty to manslaughter.
- 2 What is the appropriate sentence for manslaughter where the deceased was the initial aggressor and a machete was used.
Ratio Decidendi
The court determined that despite the accused being a first offender and pleading guilty to manslaughter, the violent circumstances of the offence, specifically the use of a machete resulting in the loss of life, outweighed the mitigating factors. The absence of a pre-sentence report did not prevent the court from sentencing. The court found that a non-custodial sentence would not be appropriate in a case involving such violence and imposed a custodial sentence of five years' imprisonment.
Court Disposition
accused sentenced to five years imprisonment
Orders
- The accused is sentenced to serve five years imprisonment.
- Right of appeal on sentence is explained.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.10 OF 2018
REPUBLIC...............................................PROSECUTION
VERSUS
JOSPHAT KIPNGETICH KORIR...................ACCUSED
SENTENCE
1. The accused is a first offender. He pleaded guilty to the lesser offence of manslaughter and thus did not waste the court’s time. The deceased was actually the initial aggressor. Counsel for the accused has asked for a non-custodial sentence.
2. Though this court ordered the Probation Officer, Kericho to file a pre-sentence report, same was not filed.
3. I do not think that a non-custodial sentence is appropriate in this case of violence-where a machete was used resulting in the loss of a precious human life.
4. Taking the above factors into account, I sentence the accused to serve 5 years imprisonment. Right of appeal on sentence is explained.
Dated at Kericho this 13th June 2019.
George Dulu
JUDGE