[2014] KEHC 2771 (KLR)
The court found that the deceased's actions constituted significant provocation, as he was attempting to gain access to the accused's mentally ill mother's house for immoral purposes, having previously been found engaging in sexual activity with her. The accused's response was directly linked to this provocation....
Source-derived case information.
- Citation
- [2014] KEHC 2771 (KLR)
- Parties
- Respondent: Republic; Defendant: Kennedy Kipkoech Kigen
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 54 of 2011
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
- Outcome
- Accused sentenced to three years probation for manslaughter.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Provocation, Sentencing, Probation, Victim Impact
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kennedy Kipkoech Kigen
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the provocation by the deceased mitigates the accused's culpability.
- 3 What weight should be given to the probation officer's report and the reconciliation efforts between the families.
Ratio Decidendi
The court found that the deceased's actions constituted significant provocation, as he was attempting to gain access to the accused's mentally ill mother's house for immoral purposes, having previously been found engaging in sexual activity with her. The accused's response was directly linked to this provocation. The probation officer's report confirmed the accused's family circumstances and the need for his presence at home. The court determined that a non-custodial sentence would best serve justice by allowing for reconciliation between the families and the performance of traditional rituals, with the local administration's involvement. Accordingly, the accused was sentenced to three...
Court Disposition
Accused sentenced to three years probation for manslaughter.
Orders
- The accused is sentenced to three years on probation.
- Probation Officer Bomet County to avail a progress report on reconciliation by 16/12/2014.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 54 OF 2011
REPUBLIC.....................................................PROSECUTOR
VERSUS
KENNEDY KIPKOECH KIGEN................................ACCUSED
RULING ON SENTENCE
Kennedy Kipkoech Kigen the accused, was charged with the murder of Franklin Kipkorir Byegon on 12th November, 2013.
The charge was reduced to Manslaughter after a plea bargaining arrangement. The accused pleaded guilty to the reduced charge and was convicted.
Mr. Miruka mitigated on behalf of the accused and the County Probation Officer filed his report on 21/8/2014. The facts of the case were well stated by the State. The accused is a twenty-four (24) year old young man whose mother is mentally ill.
On 8/11/13 the accused went to his mother's room and found the deceased having sex with his mohter. He escaped. Again on the fateful night at 1. 00am the accused arrived home and found the deceased attempting to break the windows to gain access to the accused's mother's house. It is clear the deceased wanted to gain entry into that house to go and do what he had been found doing on 8/11/13. The victim of the deceased's immoral activities is the mother of the accused. I do find that the deceased's actions were highly provocative.
The report by the Probation Officer confirms that the accused's mother is mentally ill and needs care and protection. The administration is aware of the report of the deceased's sexual activities against the accused's mother. The two families are said to be talking in order to be reconciled. I have however noted from the Probation Officer's Report that the victim's family believes that there was an element the accused had not revealed. The facts before the court clearly reveal that the deceased provoked the accused. The accused's family needs him and are willing to have him back home. A non-custodial sentence will open up an avenue and environment for the two families to undertake traditional rituals according to the Kipsigis Customs. The local administration should actively participate.
I will therefore sentence the accused to three (3) years on Probation. The conditions are well explained to the accused person.
Mention on 16/12/2014 for a progress report on the reconciliation by the two families. The Probation Officer Bomet County to avail the report.
Dated, signed and delivered in court this 2nd day of October, 2014.
…..................
H. ONG'UDI
JUDGE
In the presence of:
M/s Kivali for State
Mr. Miruka for accused – present
Accused- Present in person
Langat- court assistant