https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12337

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT ELDAMA RAVINE (SUB-REGISTRY)** **HCCR CASE NO.E006 OF 2025** **REPUBLIC ..…………………………………….……… PROSECUTOR** ***-VERSUS-*** **SHANIC JEPTUMO KOECH alias KIPKOSGEI………………. ACCUSED** **JUDGMENT ON PLEA AGREEMENT** 1. Shanic Jeptumo Koech was charged with another with murder Contrary to Section 203 as read with Section 204 of the Procedure Code. 2. The particulars were that on 3/5/2025 at Westlands Area Mogotio Township Mogotio Sub-county Baringo County, they jointly murdered Winnie Jebet Chesingei. 3. They pleaded not guilty before the Hon. Ng’etich – J (as she then was) on 9/6/2025. 4. On 17/11/2025 the court was told that parties were negotiating a plea bargain agreement (PBA). 5. When I took over the matter on 13/4/2026 the court was told that the 2nd accused did not wish to enter into the Plea Bargain Agreement, that it was only with respect to the 1st accused. 6. On 17/6/2026 – the Plea Agreement was recorded with respect to the accused 1 in which Shanic Jeptumo Kipkosgei pleaded guilty to the charge of manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code for the murder of Winnie Chebet Chesingei. 7. She pleaded guilty to the facts which were as follows. *“On the 3rd day of May 2025, the deceased Winnie Chebet Chesingei woke up in the morning and proceeded to a drinking within Mogotio township. While at the den she met with one Mike Kiprono Kangogo who was drinking in the den. They went to drink together and at around 1500 hrs the deceased informed Mike Kiprono Kangogo that she was hungry and she needed some food.* *Since Mike* *Kiprono Kangogo was aware that there was food in his house which had been prepared by his wife by the name Shanic Jeptumo Kipkosgei he invited the deceased to his house so he could offer her some food.* *Mike together with his wife and one child lived in a one bedroomed rental house which was about 100 metres away from the drinking den.* *The two proceeded to the rental house in West lands area within Mogotio town. On reaching there they found Mike’s daughter by the name N C outside the house. They entered the house where they found some cooked rice in the kitchen and Mike served the Winnie. Thereafter, the two decided to get intimate on a carpet that was on the floor in the sitting room.* *Mike’s wife Shanic Jeptumo Kipkosgei, who had gone to the market in Mogotio town returned to the house. She found the main door to the house which she had left open closed. She peeped through the sitting room window and saw her husband Mike and Winnie making out on the carpet that was on the floor in the sitting room. Acting in a fit of rage owing to what she had just witnessed Shanic kicked the door to the sitting room repeatedly and since the door had not been properly locked from the inside it gave way.* *Shanic then entered the house, rushed to the Kitchen where she picked a kitchen knife and repeatedly stubbed the deceased on the abdomen using the kitchen knife.* *On getting back to her senses and realizing what she had done, Shanic rushed to Mogotio police station where she reported the incident. Officers from Mogotio police station proceeded to the scene together with Shanic where they found the lifeless body of the deceased Winnie Jebet Chesingei which was lying in prone position, on the purple carpet in the sitting room. On physical examination the deceased had stub wounds on her upper abdomen.* *By the time the officers got to the scene. Mike had already fled. The officers documented the scene, collected relevant exhibits from the scene and took the body of the deceased to Eldama Ravine Sub-County hospital mortuary awaiting post mortem. Shanic was taken back to Mogotio police station where she was booked awaiting arraignment in court to seek for time to complete investigations.* *On 4th May, 2025 at around 1900 hours Mike Kiprono Kangogo was arrested and placed in custody. He narrated his version of the story and a custodial order was sought as investigations continued.* *On the 5th day of May of 2025, postmortem was conducted on the body of the deceased at Eldama Ravine Sub County Hospital Mortuary by Doctor Titus Ngulungu who formed the opinion that the cause of death was as a result of massive blood loss following a punctured liver by sharp blade trauma to the abdomen.* *The police file was compiled and the accused person charged with the offence of Murder now reduced to Manslaughter upon request for plea bargain.”* 1. The 1st accused was convicted on her own plea of guilt upon pleading to both the charge and the facts. 2. I sought a Pre-sentence report and also heard from the prosecution and the defence with regard to the sentence and mitigation. 3. Ms. Omari for the state submitted that the family of the deceased, and the accused had reconciled and compensation had been paid. That on that basis that state sought a sentencing of three years imprisonment see ***Republic –vs- Amonyeke***. 4. Ms. Kusolo for the accused citing the PSR, submitted that the accused person was deeply remorseful for what had happened. 5. That she is mother of a 7 years old girl – she is of good character, and has tried to make good from the offence – She seeks a non – custodial sentence. 6. A document dated 11/7/2026 – where members of the 2 families met and discussed the plea agreement – the family of the accused of is represented by one father, 5 grandfathers, and 5 uncles, that of the deceased is represented by a father, 6 uncles, 4 brothers, one uncle, one nephew, 2 village elders and a Revered. 7. It is evident from the agreement that not a single woman participated in the discussions despite the fact that the deceased was a woman, and the accused was also a woman. 8. The record says that the plea agreement here was in accordance with Tugen Traditional culture. 9. It says that the accused person was willing to compensate the family of the deceased Winnie Chesingei described as a member of Kobil clan, a mother of 2 children – a girl in form 3 and a boy in grade 2. 10. It says that the two children will be the beneficiaries of the compensation, that one cow, Kiringot was paid at kshs. 33,000/= that 7 head of cattle was agreed on the agreement says these were delivered and received by the family of Winnie Chesingei. 11. I have perused the agreement – but see no acknowledgement of receipt of 7 head of cattle. 12. I have also not seen on the agreement who specifically will hold the compensation in trust for the children who are minors. 13. Never the less as the trial court I acknowledge the effort made by the families through elders who sat and had a conversation and agreed to live in peace. 14. Hence there is harmony, so what sentence is appropriate? 15. The PSR confirms that the offence emanated from the reaction by the accused finding her husband red handed having sex with another woman in their sitting room. She stabbed the deceased and killed her. 16. The family of the victim acknowledges that the killing was not planned and happened at the spur of the moment. 17. The PACS officer is of the view that the accused person is amenable to rehabilitation and the reconciliation with the family of the deceased gives the opportunity for reintegration. 18. I have considered the guidelines from the sentencing policy guidelines, 2023, I have considered the authority cited. The circumstances of the offence, those of the offender, and the society contribute to the sentence. 19. Though this was manslaughter, the accused person picked a knife, stabbed deceased in the abdomen. It is never worth it for a person to kill or hurt the person with whom the offender is in a relationship with. Taking the law into ones hand s has consequences, and breaking or broken relations should never be a reason to kill/ cause grievous harm to another .People must learn that it is not worth it to kill a person because they are having an affair, the offence still remains unlawful killing. 20. In this case, it is the accused’s husband who brought a woman to his house, had sex with her in the sitting room. It is him who abused their trust their space. This is not to say that she should have killed him but if any consequences are to be, it is him who ought to face the lawful consequences for betraying her trust. No one should lose her life because these broken marital relationships. Innocent children suffer. 21. That said it is true that accused person has expressed remorse and gone through reconciliation and compensation. 22. On account of the plea agreement, and the foregoing – the accused is sentenced to 5 years from the date of conviction. **3 years will be served in prison custody,** **2 years on probation supervision** with effect from the date she completes her term of imprisonment. 23. The Deputy Registrar to ensure that the Committal Warrant and the Probation Supervision Orders issue accordingly. **Dated, signed and delivered virtually at Kabarnet High Court on 31st July 2026.** **MUMBUA T. MATHEKA** **JUDGE** **In the presence of**:- Court Assistant –Karanja Accused – Present Ms. Omari for state Ms. Kusolo for the accused