[2015] KEHC 4939 (KLR)
The court considered the accused's plea of guilty to manslaughter following a plea bargain, the unfavourable probation report, and the period of two years and one and a half months already spent in custody. Despite the time served, the court found that the gravity of the offence and the circumstances, including the...
Source-derived case information.
- Citation
- [2015] KEHC 4939 (KLR)
- Parties
- Respondent: Republic; Defendant: Maryline Cherotich Kering
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 14 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to three 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
Respondent
Maryline Cherotich Kering
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term following a plea of guilty to manslaughter.
- 2 What period of imprisonment is appropriate given the circumstances and time already spent in custody.
Ratio Decidendi
The court considered the accused's plea of guilty to manslaughter following a plea bargain, the unfavourable probation report, and the period of two years and one and a half months already spent in custody. Despite the time served, the court found that the gravity of the offence and the circumstances, including the accused's act of giving the deceased a chemical, warranted a custodial sentence. The court therefore sentenced the accused to three years imprisonment, balancing the need for punishment with the period already spent in custody.
Court Disposition
accused sentenced to three years imprisonment for manslaughter
Orders
- The accused shall serve three (3) years imprisonment.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.14 OF 2013
REPUBLIC...............................................................................PROSECUTOR
VERSUS
MARYLINE CHEROTICH KERING.................................................ACCUSED
RULING ON SENTENCE
- The accused after a plea bargaining arrangement pleaded guilty to a lesser charge of Manslaughter.
- The circumstances leading to the commission of the offence are clear from the facts of the case and the social inquiry report.
- The accused gave the deceased a chemical to take for reasons best known to her.
- The Report filed by the Probation office is not favourable to her.
- I have considered the period of two (2) years one and a half (1 ½ ) months the accused has been in custody.
- She will serve three (3) years imprisonment.
Dated, signed and delivered in open court this 14th day of May, 2015.
H.I.ONG'UDI
JUDGE
In the presence of
M/s Mwangi for State
Mr. Ngetich for accused – present
Mr. Kipyegon- court assistant
Interpretation- English/Kipsigis
Accused- Present in Person