[2022] KEHC 14075 (KLR)
The court found that the accused unlawfully killed the deceased in circumstances amounting to manslaughter, not murder, following a plea bargain. The court considered the seriousness of the offence, the accused's guilty plea, his remorse, and his personal circumstances, including his age and family situation. The...
Source-derived case information.
- Citation
- [2022] KEHC 14075 (KLR)
- Parties
- Applicant: Republic; Defendant: Collins Kipkurui alias Koriet
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E012 of 2020
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- AN Ongeri
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Remorse, Unlawful Killing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Collins Kipkurui alias Koriet
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused person unlawfully killed the deceased, constituting manslaughter.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court found that the accused unlawfully killed the deceased in circumstances amounting to manslaughter, not murder, following a plea bargain. The court considered the seriousness of the offence, the accused's guilty plea, his remorse, and his personal circumstances, including his age and family situation. The court also took into account the mitigation advanced by the defence and the probation officer's report. Balancing these factors, the court determined that a custodial sentence was warranted but exercised leniency due to the mitigating circumstances, sentencing the accused to five years imprisonment to run from the date of first arraignment.
Court Disposition
convicted and sentenced
Orders
- The accused person is sentenced to five years imprisonment.
- The sentence to start running from the date the accused person was first arraigned in court on October 9, 2020.
Full Case Text
Judgment text and source record
28 paragraphs
Republic v Kipkurui (Criminal Case E012 of 2020) [2022] KEHC 14075 (KLR) (14 October 2022) (Sentence)
Neutral citation: [2022] KEHC 14075 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case E012 of 2020
AN Ongeri, J
October 14, 2022
Between
Republic
Prosecutor
and
Collins Kipkurui alias Koriet
Accused
Sentence
1. The accused person in this case, Collins Kipkurui Alias Koriet (hereafter referred to as the accused person) was initially charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The charge was subsequently reduced to manslaughter contrary section 202 as read with section 205 following a successful plea bargain agreement signed by the accused person on February 2, 2022.
3. The particulars of the charge were that on September 22, 2020 at Sigowet in Sigowet-Soin Sub-County within Kericho county, the accused person unlawfully killed Sharon Chesang.
4. The facts of the case as given by the prosecution were as follows:-On the September 22, 2020 at around 2100hrs, the accused person left his place of work at a hotel in Sigowet Shopping Centre and went to his house where he was living with his wife the Deceased which was about 30 minutes walk.On arrival, he found the door of his house locked from inside.He knocked the door several times then suddenly, the door was opened and a man came from the house and ran away very fast into darkness.The accused gave a chase to catch him and establish who it was but the mas disappeared into the darkness.The accused gave up and went to the house and found the deceased sleeping naked.The accused who was furious inquired from the deceased who the person was and divulged to him that he was her long term boyfriend.This angered the accused who started assaulting the deceased and in the process took a knife and stabbed the deceased on her neck and left her unconscious and lying down in a pool of blood.The accused then locked the door and went straight to sondu police station and reported the incident as he surrendered himself.The accused person directed the area chief to his house through a phone call from the police station.The chief went to the accused person’s house in the company of police officers and found the naked body of the deceased lying down in a pool of blood with visible injuries on the head and neck.The body was collected by police and taken to Sigowet Sub-county hospital mortuary where post mortem was conducted by Dr Peter Rotich who noticed presence of massive deep cut on the neck measuring 9*4 CM and injuries on the face, elbow and right hip.He then formed the opinion that the cause of death was pyporolemic shock secondary to hemorrhage from right carotid artery due to cut sustained with sharp object.The accused person was then charged with the offence of murder contrary to section 203 as read with section 204 of thePenal code which has now been reduced to the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
5. The accused person’s counsel told the court in mitigation that the accused person is a young person aged 22 years, married with one child.
6. The learned counsel further said that the accused person is remorseful for the offence he committed and further that he did not intend to commit the offence.
7. He said that the accused person caught his wife having carnal knowledge with a longtime boyfriend on the matrimonial bed.
8. The probation officer filed a home inquiry report which states that the accused person was born in the year, 2000. He attended Sumeek primary school upto class four when he dropped out of school and started doing casual jobs to cater for his personal need.
9. The court has taken into account the circumstances of the offence. The offence of manslaughter is a serious one for which calls for a maximum sentence of life imprisonment.
10. The accused person pleaded guilty to the charge of manslaughter and he saved the court’s time for trial.
11. He is also remorseful for the offence he committed.
12. I sentence the accused person to five years imprisonment.
13. The sentence to start running from the date the accused person was first arraigned in court on October 9, 2020. Orders to issue accordingly.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 14TH DAY OF OCTOBER, 2022A. N. ONGERIJUDGE