[2015] KEHC 3661 (KLR)
The court considered the seriousness of the offence of manslaughter, the unfavourable social inquiry report indicating the accused's unsuitable home environment and character, and the fact that the accused had been in custody since 26th August 2013. Balancing these factors, the court determined that a custodial...
Source-derived case information.
- Citation
- [2015] KEHC 3661 (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
- The accused is sentenced to six years imprisonment for manslaughter.
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Social Inquiry Reports
- 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 What is the appropriate sentence for the accused following a conviction for manslaughter after plea bargaining.
- 2 Whether the period spent in custody should be considered in sentencing.
Ratio Decidendi
The court considered the seriousness of the offence of manslaughter, the unfavourable social inquiry report indicating the accused's unsuitable home environment and character, and the fact that the accused had been in custody since 26th August 2013. Balancing these factors, the court determined that a custodial sentence of six years imprisonment was appropriate. The reduction from murder to manslaughter following plea bargaining was also taken into account, as was the need for the sentence to reflect both the gravity of the offence and the time already served.
Court Disposition
The accused is 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.