[2022] KEHC 1042 (KLR)
The court found that although the accused was initially charged with murder, the evidence supported a conviction for manslaughter. In determining the sentence, the court considered the seriousness of the offence, the fact that an innocent life was lost, and the need for deterrence. However, the court also took into...
Source-derived case information.
- Citation
- [2022] KEHC 1042 (KLR)
- Parties
- Respondent: Republic; Defendant: Kiprotich Hillary Kitur
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to 20 years imprisonment, less time served
- Judges
- AN Ongeri
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Remorse, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kiprotich Hillary Kitur
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be convicted of manslaughter instead of murder.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court found that although the accused was initially charged with murder, the evidence supported a conviction for manslaughter. In determining the sentence, the court considered the seriousness of the offence, the fact that an innocent life was lost, and the need for deterrence. However, the court also took into account the accused's remorse, the forgiveness extended by the deceased's family, his lack of prior criminal record, and the five years already spent in custody. Balancing these factors, the court imposed a custodial sentence of twenty years imprisonment, with the period already served to be deducted, and ordered that the sentence run from the date of first remand.
Court Disposition
convicted of manslaughter and sentenced to 20 years imprisonment, less time served
Orders
- The accused is sentenced to twenty (20) years imprisonment.
- The period of five years already spent in custody since 10/8/2017 shall be deducted from the sentence.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 20 OF 2017
REPUBLIC...........................................................................................................PROSECUTOR
- V E R S U S -
KIPROTICH HILLARY KITUR..............................................................................ACCUSED
S E N T E N C E
1. The Accused Person was charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2. After conducting the trial, the charge was reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code.
3. In mitigation, the Learned Counsel for the Accused Person told the Court that the Accused Person is remorseful for the offence.
4. Further that the Accused Person has sought forgiveness from the family of the deceased who was his Uncle and they have forgiven him.
5. The Probation Officer filed a Pre-sentence Report dated 19/11/2021 detailing the social background of the Accused Person.
6. According to the Report, the Accused Person dropped out of school in 2016 due to lack of school fees and he started abusing alcohol.
7. The Report also stated that there Exits no previous criminal records in the family of the Accused Person and there are no anti-social tendencies to correlate with the crime he committed.
8. The Offence was deduced to Manslaughter. However, the offence of Manslaughter calls for a sentence of life imprisonment.
9. The Accused Person terminated an innocent life and a deterrent sentence is deserved to serve as a warning to anyone who may be tempted to emulate him.
10. The Accused Person is accordingly sentence to 20 (twenty Years imprisonment.
11. The period of five years the Accused Person has been in custody since 10/8/2017 to be deducted from the term of Twenty (20) ears imprisonment.
12. For avoidance of doubt, the sentence to start running from the date the Accused Person was first remanded in custody on 10/8/2017 and not the date of this sentence.
Right of Appeal 14 days (Explained).
DELIVERED, DATED AND SIGNED AT KERICHO THIS 4TH DAY OF MARCH, 2022.
A. N. ONGERI
JUDGE