[2024] KEHC 8439 (KLR)
The court, having convicted the accused on his own plea of guilty to manslaughter, considered both aggravating and mitigating factors as outlined in the Muruatetu case. The court noted the seriousness of the offence, the nature of the injuries, and the resultant death. In mitigation, the court took into account the...
Source-derived case information.
- Citation
- [2024] KEHC 8439 (KLR)
- Parties
- Applicant: Republic; Defendant: David Rutto Kilimo
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E051 of 2021
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to 8 years imprisonment for manslaughter, with credit for pre-trial detention.
- Judges
- RN Nyakundi
- Legal Topics
- Manslaughter, Sentencing Principles, Plea of Guilty, Mitigation Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
David Rutto Kilimo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter upon a plea of guilty.
- 2 What is the appropriate sentence considering the aggravating and mitigating factors.
Ratio Decidendi
The court, having convicted the accused on his own plea of guilty to manslaughter, considered both aggravating and mitigating factors as outlined in the Muruatetu case. The court noted the seriousness of the offence, the nature of the injuries, and the resultant death. In mitigation, the court took into account the accused's plea of guilty, first offender status, remorsefulness, and the period already served in pre-trial detention. The court balanced these factors and determined that a custodial sentence of 8 years was appropriate, with the period already served in pre-trial detention discounted from the total sentence. The sentence is to commence from the date of the decision.
Court Disposition
Accused sentenced to 8 years imprisonment for manslaughter, with credit for pre-trial detention.
Orders
- The accused is sentenced to 8 years imprisonment for manslaughter.
- The period served in pre-trial detention is credited and discounted from the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
Republic v Kilimo (Criminal Case E051 of 2021) [2024] KEHC 8439 (KLR) (10 July 2024) (Sentence)
Neutral citation: [2024] KEHC 8439 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Case E051 of 2021
RN Nyakundi, J
July 10, 2024
Between
Republic
Prosecutor
and
David Rutto Kilimo
Accused
Sentence
1. The accused was convicted on his own plea of guilty of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code he was accordingly convicted on the offence. The brief facts were that the accused on the September 1, 2021 he assaulted the deceased by inflicting multiple injuries to the neck, upper and lower limbs, the back, the right scapula. The postmortem report indicates that the deceased died of heavy bleeding as a result of the injuries sustained to the neck and the back. In the case of Francis Karioki Muruatetu V Republic 2017 eKLR the factors to be taken into account in sentencing include:a.Age of the offenderb.Being a first offenderc.Aggravating factorsd.Mitigation factorse.Whether the offender pleaded guiltyf.Character and record of the offenderg.Commission of the offence in response to gender-based violenceh.Remorsefulness of the offenderi.The possibility of reform and Social re-adaptation of the offenderj.Any other factor that the court considers relevant e.t.c
2. Although these factors may be conflicting in nature by their very definition and application, it is expected of the trial courts to keep a fine balance and endeavor not to under estimate or emphasize anyone of them. From the plea agreement prepared pursuant to Section 137 (A) –(O) of the Criminal Procedure Code and the accused evidence in mitigation follows by the submissions on aggravating factors, I sentence the accused to a custodial sentence of 8 years which has also factored the credit period served in pre-trial detention. That period has already been discounted in this final imprisonment sentence the accused is set to serve from today’s decision.
DATED, SIGNED AND DELIVERED AT ELDORET ON THE 10TH DAY OF JULY 2024In the Presence ofMr. Oburu for the AccusedMr. Mugun for the State………………………………R. NYAKUNDIJUDGE