[2019] KEHC 9 (KLR)
The court found that although the accused were first offenders and the offence was reduced from murder to manslaughter due to the spontaneous nature of the attack, the loss of an innocent life warranted a custodial sentence. The court rejected the probation recommendation, emphasizing that justice for the deceased's...
Source-derived case information.
- Citation
- [2019] KEHC 9 (KLR)
- Parties
- Applicant: Republic; Defendant: Leonard Kiplangat Kirui; Defendant: Benard Kipngetich Langat; Defendant: Julius Kiprono Chumo
- Court
- High Court
- Court Station
- High Court at Bomet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Each accused sentenced to four years imprisonment.
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, First Offender Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Leonard Kiplangat Kirui
Defendant
Benard Kipngetich Langat
Defendant
Julius Kiprono Chumo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to probation or imprisonment for the offence of manslaughter.
- 2 What is the appropriate sentence considering the circumstances and mitigation factors.
Ratio Decidendi
The court found that although the accused were first offenders and the offence was reduced from murder to manslaughter due to the spontaneous nature of the attack, the loss of an innocent life warranted a custodial sentence. The court rejected the probation recommendation, emphasizing that justice for the deceased's family required a sentence that reflected the seriousness of the offence. Taking into account the mitigation factors, including the accused's time spent in custody and their first offender status, the court sentenced each accused to four years imprisonment.
Court Disposition
Each accused sentenced to four years imprisonment.
Orders
- Each of the three accused persons is sentenced to serve four years imprisonment.
- Right of appeal explained to the accused.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BOMET
CRIMINAL CASE NO. 12 OF 2017
REPUBLIC...............................................PROSECUTOR
-VERSUS-
LEONARD KIPLANGAT KIRUI............1ST ACCUSED
BENARD KIPNGETICH LANGAT.......2ND ACCUSED
JULIUS KIPRONO CHUMO................3RD ACCUSED
SENTENCE
1. The three accused persons were initially charged with murder contrary to Section 204 of the Penal Code.
2. They have now after a full trial been convicted of the lesser offence of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code.
3. After they were convicted, the Prosecuting Counsel informed the court that the state had no records of previous convictions, thus all the three (3) accused persons are first offenders.
4. The court ordered the Probation Officer Bomet to file a pre-sentence report which was filed for each of the three (3) accused. The defence counsel relied on the pre-sentence reports filed. In the reports, the Probation Officer pointed at the fact that all the three(3) accused persons took alcohol as friends, and that the victim’s family had left the matter to the discretion of the court and expected justice to be done. The Probation Officer recommended probation sentence for each of the three.
5. I have considered the circumstances of the offence, the fact that the three accused were convicted of a lesser offence, the fact that they are first offenders and the pre-sentence report recommends probation sentence. The reason the court reduced the offence to manslaughter was that the attack was instantaneous at a beer drinking joint The accused also were brought to court in 2017, about 2 years now.
6. I do not think that a probation sentence is appropriate, as an innocent life was lost. The family of the deceased is looking forward to dispensation of justice by this case. I have considered all the mitigation factors, and sentence each of the accused persons to serve four (4) years imprisonment.
7. Right of appeal explained.
Dated at Bomet this 3rd October 2019.
GEORGE DULU
JUDGE