[2020] KEHC 5941 (KLR)
The court considered the accused's guilty plea, youth, remorse, and status as a first offender as mitigating factors. However, the violent nature of the offence, involving the use of a sharp weapon resulting in the loss of life, was an aggravating factor. Balancing these considerations, the court determined that a...
Source-derived case information.
- Citation
- [2020] KEHC 5941 (KLR)
- Parties
- Respondent: Republic; Defendant: Kelvin Kiprono Terer
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kelvin Kiprono Terer
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of manslaughter.
- 2 What mitigating and aggravating factors should influence the sentence imposed.
Ratio Decidendi
The court considered the accused's guilty plea, youth, remorse, and status as a first offender as mitigating factors. However, the violent nature of the offence, involving the use of a sharp weapon resulting in the loss of life, was an aggravating factor. Balancing these considerations, the court determined that a custodial sentence was warranted and imposed an eight-year term of imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve 8 years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO.4 OF 2019
REPUBLIC...........................PROSECUTOR
VERSUS
KELVIN KIPRONO TERER......ACCUSED
SENTENCE
1. The accused herein has been convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code after entering into a plea bargaining agreement with the State.
2. In mitigation, Mr. sang for the accused informed the court that the accused was a young man of 22 years, was single and remorseful and was a student at Makire Polytechnic. Counsel emphasized that the accused was remorseful and had asked for leniency and urged the court to consider this.
3. Mr. Ayodo for the State on his part asked the court to treat the accused as a first offender.
4. I have considered the mitigation put forward to me above, and also note that the accused did not waste the court’s time by pleading guilty to manslaughter. I note that the accused used a sharp weapon to attack the deceased thus violently causing the loss of a precious life. I thus sentence the accused to serve 8 years imprisonment.
Dated this 30th day of April 2020.
GEORGE DULU
JUDGE
Delivered through video conferencing in the presence of Mr. Langat court assistant, Mr. Musyoka ICT officer, Ms Fundi prosecuting counsel and the accused.