[2023] KEHC 23473 (KLR)
The court found that, despite the accused's youth, first offender status, remorse, and ongoing traditional reconciliation efforts, the circumstances of the offence—namely, the fatal stabbing of his cousin during a confrontation—warranted a lengthy custodial sentence. The judge held that justice required a sentence...
Source-derived case information.
- Citation
- [2023] KEHC 23473 (KLR)
- Parties
- Applicant: Republic; Defendant: Sammy Langat
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E024 of 2022
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- K Kimondo
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Principles, Mitigation, Traditional Justice, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sammy Langat
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter under the circumstances.
- 2 What sentence is commensurate with the accused's moral blameworthiness and the gravity of the offence.
Ratio Decidendi
The court found that, despite the accused's youth, first offender status, remorse, and ongoing traditional reconciliation efforts, the circumstances of the offence—namely, the fatal stabbing of his cousin during a confrontation—warranted a lengthy custodial sentence. The judge held that justice required a sentence reflecting the gravity of manslaughter and the need for deterrence, while also considering the accused's potential for rehabilitation. The sentence was set at five years' imprisonment, to run from the date of first arrest, balancing the seriousness of the offence with the mitigating factors presented.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to five (5) years in jail for manslaughter.
- The sentence shall run from March 31, 2022, the date of first arrest and custody.
Full Case Text
Judgment text and source record
26 paragraphs
Republic v Langat (Criminal Case E024 of 2022) [2023] KEHC 23473 (KLR) (Crim) (12 October 2023) (Sentence)
Neutral citation: [2023] KEHC 23473 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E024 of 2022
K Kimondo, J
October 12, 2023
Between
Republic
Prosecutor
and
Sammy Langat
Accused
Sentence
1. The accused pleaded guilty to the lesser but cognate offence of manslaughter under a plea agreement recorded on July 27, 2023.
2. On March 30, 2022, the accused, a bodaboda rider, was cutting vegetables using a kitchen knife. He was in his uncle’s house who was sound asleep. His cousin, Leonard Biwott (the deceased) then came in with another man, Allan. They questioned him aggressively on why he had siphoned off fuel from Allan’s motorbike. A confrontation ensued leading to a full blown fight between the accused and the deceased.
3. The accused’s uncle and Allan tried to quell the fight. Shortly afterwards, the deceased went outside the house and fell down. He had been stabbed on the back by the accused with a kitchen knife and was rapidly losing blood. He was rushed to hospital but succumbed to the fatal wound. The accused in the meantime escaped on his uncle’s motorbike to Ruiru where he hid the knife. He then took off to his rural home in Bomet and surrendered to Mulot Police Station.
4. The autopsy by Dr. Simon Omuok (exhibit 1) confirms that the cause of death was “excess haemorrage from lung injury due to sharp force trauma”.
5. I have considered the the mitigation tendered by the accused’s counsel, Mr. Mwangi Musango. He is aged about 23 years and a first offender. He displayed about seven certificates in Bible studies and other courses awarded to him in prison. He prayed for clemency and seemed genuinely remorseful.
6. According to the pre-sentencing report filed on October 5, 2023, the accused’s family and that of the deceased had commenced reconciliation under the Kipsigis traditional justice system. One cow (muget) was paid; and, nine more were to follow. However, the family of the deceased expressed disappointment because the cow gave birth before the promised nine were delivered.
7. So much so that whereas the accused’s family pleads for a lenient non-custodial sentence, the family of the deceased as well as the learned Prosecution Counsel pray for a severe and deterrent sentence. The probation officer on his part recommends a mixed sentence: part custody followed by a probation order.
8. Sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. Manslaughter is a grave felony and attracts a sentence of life imprisonment. The circumstances under which the accused stabbed his cousin to death call for a lengthy custodial sentence. That is the justice of the case. It will also afford the accused an opportunity to further introspect and get guidance on anger management.
9. I accordingly sentence the accused to serve five (5) years in jail. The sentence shall run from March 31, 2022, the date when he was first arrested and placed in custody.
10. The accused has a right of appeal to the Court of Appeal within 14 days and as per the Rules of that Court but only on the sentence. A copy of the proceedings and sentence shall be supplied to him immediately.It is so ordered.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF OCTOBER 2023. KANYI KIMONDOJUDGESentence read virtually on Microsoft Teams in the presence of-The accused.Mr. Mwangi for the accused.Ms. Kigira for the Republic instructed by the Office of the Director of Public Prosecutions.Mr. E. Ombuna, Court Assistant.