[2018] KEHC 6611 (KLR)
The court considered the fact that the accused was a first offender, had been in custody since December 2016, and had significant family responsibilities. However, the court also weighed the gravity of the offence, noting that a life was lost as a result of a fatal chest wound inflicted by the accused during a...
Source-derived case information.
- Citation
- [2018] KEHC 6611 (KLR)
- Parties
- Respondent: Republic; Defendant: Leonard Cheruiyot Chepkwony
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2017
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- accused sentenced to eight years imprisonment for manslaughter
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, First Offender, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Leonard Cheruiyot Chepkwony
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter.
- 2 Whether mitigating factors justify a non-custodial sentence.
Ratio Decidendi
The court considered the fact that the accused was a first offender, had been in custody since December 2016, and had significant family responsibilities. However, the court also weighed the gravity of the offence, noting that a life was lost as a result of a fatal chest wound inflicted by the accused during a violent disagreement. Balancing these factors, the court determined that a custodial sentence was warranted and imposed an eight-year term of imprisonment.
Court Disposition
accused sentenced to eight years imprisonment for manslaughter
Orders
- The accused is sentenced to eight years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL CASE NO. 1 OF 2017
REPUBLIC...................................................PROSECUTOR
-VERSUS-
LEONARD CHERUIYOT CHEPKWONY.....ACCUSED
JUDGEMENT ON SENTENCE
1. The accused was convicted of manslaughter on 10/4/2018 and the issue before me is in respect of sentence.
2. The prosecutor stated that the accused may be treated as a first offender.
3. In mitigation, Mr. Kiptoo urged the court to impose a non-custodial sentence upon the accused for the following reasons. The accused is a married person with three children aged 11,7 and 4 years. He has old parents aged 60 years, who were dependent on him.
4. The family of the accused has disintegrated following the commission of this offence and does not know their whereabouts. He is desirous of tracing them if he is sentenced to a non-custodial sentence.
5. Furthermore, the accused has been in custody since December 2016.
6. I have considered the mitigating factors. I have also considered that the accused is a first offender and has been in custody since December 2016.
7. Furthermore, I have also taken into account that a life has been lost. I have also taken into account that both, the accused and deceased were herdsmen at Suswa holding ground at the material time. Finally, I have taken into account that the accused inflicted a fatal chest wound following a disagreement between them that turned fatally violent.
8. After taking into account all the foregoing matters, I hereby sentence the accused to eight years imprisonment.
Judgement delivered on this 17th day of May, 2018 in the presence of Ms. Nyaroita for the state and Mr. Kiptoo for the accused.
J. M. Bwonwonga
Judge
17/5/2018