[2022] KEHC 16485 (KLR)

Republic v Langat & 3 others (Criminal Case E018 of 2020) [2022] KEHC 16485 (KLR) (16 December 2022) (Sentence)

Neutral citation: [2022] KEHC 16485 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E018 of 2020

AN Ongeri, J

December 16, 2022

Between

Republic

Prosecution

and

Rachael Chemutai Langat

1st Accused

Bernard Kiprotich Korir

2nd Accused

Joshua Kipchirchir Korir

3rd Accused

Ezra Kiplangat Korir

4th Accused

Sentence

1. The 2nd accused person in this case, Bernard Kiprotich Korir was charged alongside others with murder contrary to section 203 as read with section 204 of the Penal code.

2. The 2nd accused person pleaded guilty to the lesser charge of Manslaughter following a plea bargain agreement signed by the accused person on July 5, 2022.

3. The particulars of the charge of manslaughter are that on December 11, 2020 at Koisoet village in Kebeneti Sub-County Kipkelion Sub-County within Kericho County, the accused person unlawfully killed James Kipkorir Langat.

4. The facts as given by the prosecution counsel are as follows;“The 2nd accused person Benard Kiprotich Korir is the first born son to the Rachael Chemutai Langat and James Kipkorir Langat (deceased) the 2nd accused were not in good terms with the Deceased.On December 11, 2020 the deceased and his wife woke up and after breakfast headed to their coffee plantation farm to pick the coffee, they picked the coffee upto 3. 00 pm then took the coffee they had picked to the factory.The deceased arrived home at around 7. 00 pm while his wife was in the kitchen in the process of preparing supper for the family. The deceased was angered with the fact that his grown up children would still eat supper in his house yet they have refused to help him at the coffee farm.He poured the water in the sufuria meant for cooking ugali into the fire and told his wife since the children had refused to work with him at the coffee plantation then they should not eat in his house.On December 11, 2020, the 2nd accused was at home around 18. 45 when he heard screams since the volume of the radio was high. He reduced it and he realized it was at his home. The 2nd accused remained there drinking tea with his children Allan Kipngeno and Angela Chepchumba. There after he was called by Joshua and he asked him to get inside, but he took him to go and listen by the fence. He informed him that his father was engaged with a fight at home with their mother. He told the 2nd accused to go and talk to him since he listened to him. When he arrived, he found his father has spilt the food holding a panga. While he was going back, his father engaged him with a stone and he ran outside to his place and around the compound and he hit him with a stick on the head. He told the 2nd accused “you have killed me” and thereafter the 2nd accused ran to his place and found his wife and the children had gone.Neighbours who were attracted by the commotion tried to enter into the compound to find out what was happening, were chased by the three sons of the deceased pelting them with stones.Later at around 10. 00 pm, the compound went silent and its this time that neighbours sneaked into the compound only to find no body in the compound but they found the body of the deceased lying dead.The neighbours raised alarm alerting other villagers who came among them the area chief who then called the police.The police came and took the body to Kericho County Referral Mortuary.The 2nd accused person and his brothers and their mother fled the scene immediately after the commission of the offence and went to an unknown place.Investigations commenced and on December 12, 2020, the 2nd accused and his brothers and their mother were arrested in their hideout by the local administration and escorted to Mutaragon police post, later they were picked up by officers from DCI Kipkelion to face a charge of Murder.On December 16, 2020, the doctor Wesley Rotich conducted a postmortem on the body of the deceased and opined that the cause of death was as a result of severe head injury due to trauma to the head by a blunt object.After completion of investigations, the 2nd accused person was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code and the same was reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code pursuant to this agreement"

5. The accused person was convicted on his own plea of guilty with the charge of manslaughter.

6. The defence counsel in mitigation said that the accused person is remorseful for the offence he committed and that he has never been convicted with any offence.

7. The defence counsel further said that the 2nd accused person is a young father of two children and further that he never intended to kill his father.

8. The probation officer filed a social inquiry report detailing the social background of the accused person which I have duly considered.

9. The report stated that the accused person was born in 1986 at Koisoet and he attended Liloch primary school and later Soliat primary school then Liloch Secondary school.He neither uses alcoholic drinks nor does he abuse any substances.

10. The court has considered the mitigating circumstances of the case, especially the fact that the accused person is remorseful and that he pleaded guilty to the charge and saved the court’s time.

11. The charge of manslaughter is a very serious one and it calls for life imprisonment.

12. The accused person is sentenced to 20 years imprisonment.

13. The sentence will start from the time the accused person was first arraigned in court on December 12, 2020. Right of appeal against sentence – 14 days (Explained.)

DELIVERED, DATED AND SIGNED AT KERICHO THIS 16TH DAY OF DECEMBER, 2022. A N ONGERIJUDGE