[2025] KEHC 3498 (KLR)

Republic v Kipkorir alias Leonard alias Rono (Criminal Case E037 of 2021) [2025] KEHC 3498 (KLR) (20 March 2025) (Sentence)

Neutral citation: [2025] KEHC 3498 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E037 of 2021

JK Sergon, J

March 20, 2025

Between

Republic

Prosecutor

and

Ronald Kipkorir alias Leonard alias Rono

Accused

Sentence

1. Ronald Kipkorir alias Leonard alias Rono the Accused herein, pursuant to a plea bargaining agreement was convicted with the offence of manslaughter contrary to section 202 as read with section section 205 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that, the accused on the night of the 7th day of March, 2021 at Waldai Location Belgut Sub-County within Kericho County, unlawfully killed Sharon Chepngeno.

2. Upon convicting the accused person for the aforesaid offence, this court directed the county probation officer to file a pre-sentence report and also invited the accused to make submissions in mitigation to guide the court in determining the appropriate sentence to be meted out.

3. Miss Kajaira, the Learned Counsel for the Accused, submitted that the accused was deeply remorseful for the events that culminated in the demise of the deceased. She further submitted that the accused had undergone customary cleansing rites and that the family of the deceased had forgiven the accused. The Learned Counsel stated that the accused is a first offender and therefore urged this court to exercise leniency during sentencing and consider a non-custodial sentence.

4. Mr. Ogutu, the Learned Assistant Director of Public Prosecutions, stated that the accused ought to be given a custodial sentence as a deterrent measure.

5. This court also called for a pre-sentence report. I have considered the pre-sentencing report prepared and filed by the Kericho County – Probation Officer in respect of the accused person. In the aforesaid report, it is noted that the offender was recruited to join the Kenya Police Service at Kiganjo Training College and posted to Kitengela Police Station in 2017. The offender was married to his long time friend Sharon Chepngeno (victim) and they have two children aged seven and ten respectively. The offender and the victim enjoyed a harmonious relationship until the victim started engaging in questionable behaviour and would leave the children unattended.

6. On the material day, the victim left her matrimonial home to an unknown place and upon her return she was dropped by a boda boda operator and the offender recounted that he had been informed that the victim and the boda boda operator were engaged in an illicit affair, the offender tried to persuade his wife, the victim to accompany him back home since it was late in the night, however, the offender refused and attacked the offender who retaliated in self defence. The victim sustained fatal injuries and succumbed while in hospital.

7. The offender is remorseful for the awful offence and alluded that given the chance, he could have acted differently. The offender urged this court to exercise leniency during sentencing to afford him the chance to take care of his children.

8. The victim is the offender’s wife, the family of the victim expressed their intent to extend forgiveness to the offender. The family urged this court to exercise leniency during sentencing and consider a non-custodial sentence. The family of the victim recounted that the offender was not physically abusive to the victim even with her callous and wanton behaviour, he had accommodated and supported the victim, even when she refuted to heed to their advice after several conciliatory counselling talks

9. The offender has strong ties in the community. The offender is well known to the local administrator, has no history of criminality and is said to relate well with the community which afforded him a peaceful stay while out on bond. The local administrator was not opposed to a non -custodial sentence.

10. Based on the findings of the social inquiry and assessment, the probation officer found the offender had acted out of provocation by the wife (victim) and deemed him suitable for a non-custodial sentence and likely to benefit from counselling sessions on anger management. The probation officer therefore recommended the offender for placement on a probation order for a period of two years subject to this court’s verdict.

11. This court has considered that the accused person was arrested soon after committing the instant offence, he was arraigned and charged on 8th June, 2021 and remanded. The accused made an application for reasonable bail/bond terms, the accused was granted a bond of Kshs. 300,000/= with a surety of similar amount and subsequently released on 9th July, 2021, therefore the accused was in custody for a period of one (1) month.

12. I have considered the circumstances of the offence, submissions in mitigation and have further considered the contents of the pre-sentence report filed by the county probation officer in respect of the accused person. Consequently, I hereby sentence the Accused namely; Ronald Kipkorir alias Leonard alias Rono to serve 3 years on Probation under the Supervision of Kericho County Probation Officer.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 20TH DAY OF MARCH, 2025. …………………………..J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor - MasisaAccused – Present in PersonMiss Kajaira for the Accused