[2023] KEHC 20198 (KLR)
The court found that although the accused unlawfully caused the death of the deceased, the act was impulsive and triggered by a minor dispute over Kshs 50. The accused was a minor at the time, had no prior criminal record, and both families had taken steps towards reconciliation. The pre-sentencing report was...
Source-derived case information.
- Citation
- [2023] KEHC 20198 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Kiprotich Mutai
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2020
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to three years' probation.
- Judges
- HK Chemitei
- Legal Topics
- Manslaughter, Plea Bargain, Juvenile Offender, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Kiprotich Mutai
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence for a juvenile first offender convicted of manslaughter under the circumstances.
Ratio Decidendi
The court found that although the accused unlawfully caused the death of the deceased, the act was impulsive and triggered by a minor dispute over Kshs 50. The accused was a minor at the time, had no prior criminal record, and both families had taken steps towards reconciliation. The pre-sentencing report was favorable, indicating the accused was still in school and had prospects for reform. The court emphasized that there was no justification for the accused's actions but considered his age, remorse, and the reconciliation efforts. Consequently, the court determined that a custodial sentence was not appropriate and instead imposed a probation order with counseling and reconciliation...
Court Disposition
Accused sentenced to three years' probation.
Orders
- The accused is sentenced to serve a three (3) years’ probation period from the date herein.
- The relevant probation office should take him through counselling sessions and ensure that the two families reach an amicable settlement or reconciliation whether traditional or otherwise.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Mutai (Criminal Case 11 of 2020) [2023] KEHC 20198 (KLR) (19 July 2023) (Sentence)
Neutral citation: [2023] KEHC 20198 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 11 of 2020
HK Chemitei, J
July 19, 2023
Between
Republic
Prosecutor
and
Vincent Kiprotich Mutai
Accused
Sentence
1. The accused herein had previously been charged with the offence of murder which was later after plea bargain reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code.
2. The particulars of the charge were that on the 2nd day of February 2020 at Bararget village Keringet location in kuresoi south sub county within Nakuru county caused the unlawful death of Nicholas Kipkemoi.
3. The accused admitted the offence and the accompanying facts. It emerged from the facts that the deceased owed him Kshs 50 which he had given him to make a bearded bangle. The deceased failed to do so and he in fact refused to refund him the money.
4. An altercation ensued and the accused took a bow and an arrow and shot the deceased on the neck while he fled. He felt down and attempts to remove it were futile. He was rushed to the hospital and died about six days later while undergoing treatment. A post mortem report produced showed as much.
5. In his mitigation the accused who is a student in form three and was 17 years old during the commission of the offence pleaded for forgiveness and leniency. The learned state counsel submitted that the accused was a first offender and concurred with the pre-sentencing report.
6. The court directed that a pre-sentencing report be prepared which was done and the same indicates that both families had taken steps towards reconciliation. There was no evidence that the accused had any criminal record or abused drugs or alcohol. It appears that the incident was a spur of the moment and failure by the deceased to refund the Kshs 50 he owed the accused.
7. Be it as it may, there was no reason absolutely for the accused to take the law into his own hands. He ought to have managed his anger.
8. The pre-sentencing report is favourable to the accused who as is indicated is still undertaking his studies at Kianjoya secondary school.
9. Consequently, he is hereby sentenced to serve a three (3) years’ probation period from the date herein. The relevant probation office should take him through counselling session and ensure that the two families reach an amicable settlement or reconciliation whether traditional or otherwise.
10. The surety discharged
DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 19THDAY OF JULY, 2023. H. K. CHEMITEIJUDGE