[2015] KEHC 3660 (KLR)
The court, having accepted the plea bargain reducing the charge from murder to manslaughter, considered the unfavourable social inquiry report indicating the accused's unsuitable home environment and character. However, the court also took into account the period the accused had already spent in custody since his...
Source-derived case information.
- Citation
- [2015] KEHC 3660 (KLR)
- Parties
- Applicant: Republic; Defendant: Leonard Kiprotich Martim
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to six years imprisonment for manslaughter
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Leonard Kiprotich Martim
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter following a plea bargain agreement.
- 2 What is the appropriate sentence considering the social inquiry report and time spent in custody.
Ratio Decidendi
The court, having accepted the plea bargain reducing the charge from murder to manslaughter, considered the unfavourable social inquiry report indicating the accused's unsuitable home environment and character. However, the court also took into account the period the accused had already spent in custody since his arrest on 26th August 2013. Balancing these factors, the court determined that a custodial sentence of six years imprisonment was appropriate for the offence of manslaughter under the circumstances.
Court Disposition
accused sentenced to six years imprisonment for manslaughter
Orders
- The accused shall serve six (6) years imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 41 OF 2013
REPUBLIC ------------------------------------------- PROSECUTOR
VS.
LEONARD KIPROTICH MARTIM-----------------------------ACCUSED
RULING ON SENTENCE
The accused was initially charged with the offence of Murder which was reduced to Manslaghter Contrary to Section 202as read with Section 205 Penal Code after plea bargaining.
The circumstances leading to the commission of this offence are clear from the facts.
This Court called for a social inquiry report which has been filed.
The report is not favourable at all to the accused. The home environment is not suitable for the accused, due to his character.
I have however considered that he has been in custody since his arrest on 26th August 2013.
He will servesix (6) years imprisonment.
Dated, Signed and Delivered in Open Court this 23rd day of July 2015.
H.I ONG'UDI
JUDGE.
In the presence of:
M/s Mwangi for State.
Accused – Present.
Hillary/Robert – Court Assistants.