[2023] KEHC 18812 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, was entitled to have mitigating factors considered in sentencing. The court noted the accused's remorse, time already spent in custody, first offender status, and family responsibilities. The history of domestic quarrels...
Source-derived case information.
- Citation
- [2023] KEHC 18812 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Kirui Kiplangat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E026 of 2021
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- JK Sergon
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Kirui Kiplangat
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be convicted of manslaughter following a plea agreement.
- 2 What is the appropriate sentence for the accused considering the mitigating factors.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea agreement, was entitled to have mitigating factors considered in sentencing. The court noted the accused's remorse, time already spent in custody, first offender status, and family responsibilities. The history of domestic quarrels between the accused and the deceased was also considered. Balancing these factors, the court determined that a short custodial sentence was appropriate to allow the accused time for reflection and rehabilitation, rather than imposing the maximum penalty for manslaughter.
Court Disposition
convicted and sentenced
Orders
- The accused, Robert Kirui Kiplangat, is sentenced to serve three (3) years imprisonment.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Kiplangat (Criminal Case E026 of 2021) [2023] KEHC 18812 (KLR) (15 June 2023) (Sentence)
Neutral citation: [2023] KEHC 18812 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case E026 of 2021
JK Sergon, J
June 15, 2023
Between
Republic
Prosecutor
and
Robert Kirui Kiplangat
Accused
Sentence
1. The accused person herein namely:- Robert Kirui Kiplangat was initially charged with the offence of murder contrary to section 203 as read with 204 of the Penal Code.
2. However, pursuant to a plea agreement executed on May 16, 2023, the accused pleaded guilty to offence of manslaughter contrary to section 205 of thePenal Code.
3. The particulars of the offence are that on the January 3, 2021 at Blue Hills village in Kipchorian location within Kipkelion West sub-county within Kericho county, unlawfully killed Agnes Kirui Chepngetich.
4. Upon convicting the accused, this court called for the pre-sentence report and also invited the accused to present his mitigation.
5. I have taken into account the fact that the accused has been in custody for 2 years four months. I have also noted that the accused is remorseful. I have further considered the circumstances obtaining at the time of the commission of the offence.
6. It is apparent that the accused and the deceased have had domestic quarrels for many years.
7. In the pre-sentence report, it is indicated that the accused is a first offender and he is blessed with six (6) children.
8. Having considered the aforesaid mitigating factors and the pre-sentence report, I am convinced that the most appropriate sentence should be a short custodial sentence. The period he will serve I prison will enable reflect on his past and the future.
9. I hereby sentence the accused namely: Robert Kirui Kiplangat to serve three (3) years imprisonment.
SIGNED, DATED AND DELIVERED THIS 15TH DAY OF JUNE, 2023. .......................................J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – Mr. MusyokiNo appearance for Morata for the AccusedAccused Person present in Person