[2025] KEHC 2041 (KLR)
The court considered the accused's guilty plea, remorse, and the recommendation for probation in the presentence report. However, the court found that the gravity of the offence—manslaughter involving nine stab wounds and the loss of a young life—outweighed the mitigating factors. The court emphasized the need for...
Source-derived case information.
- Citation
- [2025] KEHC 2041 (KLR)
- Parties
- Applicant: Republic; Defendant: Kelvin Loshangole
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E010 of 2022
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- RPV Wendoh
- Legal Topics
- Manslaughter, Sentencing Principles, Guilty Plea, Mitigation, Remand Period, Probation Recommendation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kelvin Loshangole
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term or granted probation after pleading guilty to manslaughter.
- 2 What weight should be given to the accused's remorse, time spent in remand, and the presentence report recommending probation.
Ratio Decidendi
The court considered the accused's guilty plea, remorse, and the recommendation for probation in the presentence report. However, the court found that the gravity of the offence—manslaughter involving nine stab wounds and the loss of a young life—outweighed the mitigating factors. The court emphasized the need for the accused to take responsibility for his actions and the impact on the deceased's young family. The period of approximately two and a half years spent in remand was acknowledged, but the court determined that a custodial sentence was appropriate in the circumstances. Accordingly, the accused was sentenced to ten years' imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to ten (10) years imprisonment for manslaughter.
- Right of appeal within fourteen (14) days.
Full Case Text
Judgment text and source record
18 paragraphs
Republic v Loshangole (Criminal Case E010 of 2022) [2025] KEHC 2041 (KLR) (18 February 2025) (Sentence)
Neutral citation: [2025] KEHC 2041 (KLR)
Republic of Kenya
In the High Court at Kapenguria
Criminal Case E010 of 2022
RPV Wendoh, J
February 18, 2025
Between
Republic
State
and
Kelvin Loshangole
Accused
Sentence
1. The accused pleaded guilty to a lesser charge of manslaughter. He regrets the offence and claims to have reformed while in custody, after taking biblical courses. He pleads for leniency.
2. Accused pleaded guilty and did not waste the courts time. He was treated as a first offender. I have read the presentence report which recommends probation but the court notes that a young life was taken away through the irresponsible acts of the accused. He must take responsibility for them; The deceased left a young family that depended on him. Though there is allegation that “lapai” -the Pokot way of compensation was being pursued, no details were given.
3. The court takes into account the fact that accused has been in remand since June 2022, a period of about two and half (2½)years. The accused inflicted nine(9) stab wounds on the deceased. The court prefers a custodial sentence in the circumstances and sentences accused to ten (10) years imprisonment.Right of appeal fourteen (14) days.
DELIVERED, DATED, AND SIGNED AT KAPENGURIA THIS 18TH DAY OF FEBRUARY, 2025. R. WENDOHJUDGESentence delivered in open court in the presence ofMr. Majale for StateMs. Chebet for AccusedJuma/Hellen – Court AssistantsAccused - present