[2017] KEHC 5325 (KLR)
The court found that the accused, Kilonzo Lanasas Letiktik, was a first offender, young, and had reconciled with the deceased's family. The deceased was the aggressor and was intoxicated at the time of the incident. The probation report was favourable, recommending a non-custodial sentence, and the community...
Source-derived case information.
- Citation
- [2017] KEHC 5325 (KLR)
- Parties
- Applicant: Republic; Defendant: Kilonzo Lanasas Letiktik
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2016
- Procedural Posture
- Criminal Trial / Sentencing Ruling
- Outcome
- accused sentenced to probation
- Judges
- MM Kasango
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Probation, Customary Reconciliation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kilonzo Lanasas Letiktik
Defendant
Procedural Posture
Criminal Trial / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for the offence of manslaughter.
- 2 What weight should be given to the reconciliation between the families and the probation report in determining sentence.
Ratio Decidendi
The court found that the accused, Kilonzo Lanasas Letiktik, was a first offender, young, and had reconciled with the deceased's family. The deceased was the aggressor and was intoxicated at the time of the incident. The probation report was favourable, recommending a non-custodial sentence, and the community supported this outcome. Considering these factors, the court determined that a custodial sentence was unnecessary and that probation would serve the interests of justice, rehabilitation, and community harmony. The court therefore sentenced the accused to six months' probation under the supervision of the probation office in Maralal, Samburu County.
Court Disposition
accused sentenced to probation
Orders
- The accused, Kilonzo Lanasas Letiktik, is sentenced to six months' probation under the probation office of Maralal in Samburu County.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NANYUKI
CRIMINAL NO. 24 OF 2016
REPUBLIC ………………………………………………STATE
VERSUS
KILONZO LANASAS LETIKTIK …………..............ACCUSED
RULING ON SENTENCE
1. KILONZO LANASAS LETIKTIK was originally charged with the offence of murder to which he pleaded not guilty. Later following a plea bargain the director of public Prosecution reduced the charge to one of manslaughter to which Letktik pleaded guilty. The facts of the case are:
“That on the 20th June 2015 at around 8. 00pm the deceased SAMMY LETIKTIK was on his way home from the deceased brother’s home, aboard motorcycle ridden by DAVID LOLMODON RUMOLIE as a pillion passenger. On the way they met with the accused and other persons and after a brief talk the deceased hit the accused with his fist on the mouth, rider David Lolmodon Rumoile started off the engine of the motor cycle and as they were leaving, the accused punched the deceased on the ribs and the deceased fell off the motor cycle and sustained some injuries on his head. The deceased was taken to his Manyatta whereupon he died the same night. After a post mortem it was established that the deceased died of skull injuries”.
2. The deceased was a cousin of Letiktik. It is also confirmed that the deceased, who was the aggressor as the facts show, was drunk on the material evening.
3. The court has been informed that the respective families of deceased and Letiktik have reconciled and customary practices were undertaken. This fact is confirmed by the probation report. The families and elders of the community request Letktik to be given non-custodial sentence.
4. Letiktik is a 22 year old young man. He is a first offender with no previous criminal record. He is described by elders of his Samburu community as an obedient and respectful young man. Letktik presently operator a boda boda (motor cycle) but he intends in future to enroll for a course in nursing. Probation report in recommending a non-custodian sentence states that Letiktik’s home environment is conducive to noncustodial sentence because he relates well with the deceased’s family and the community.
5. I have considered the mitigation made by counsel and the probation report. Having considered them and having considered the circumstances of the death of deceased. I find the appropriate sentence is one of probation. I hereby sentence KILONZO LANASAS LETIKTIK to 6 months’ probation under the probation office of Maralal in Samburu County.
Dated and Delivered at Nanyuki this 24th May 2017
MARY KASANGO
JUDGE
Coram
Before Justice Mary Kasango
Court Assistant: Njue/Maria Stella
Accused : Kilonzo Lanasas Letktik
For state: Mr. Tanui
COURT
Ruling delivered in open court
MARY KASANGO
JUDGE