[2014] KEHC 1744 (KLR)
The court found that, despite the accused's mitigation and the two years already spent in custody, the circumstances of the offence and the recommendations of the social inquiry report did not justify a non-custodial sentence. The seriousness of the offence and the lack of compelling reasons for leniency led the...
Source-derived case information.
- Citation
- [2014] KEHC 1744 (KLR)
- Parties
- Respondent: Republic; Defendant: Nicholas Kipkemoi Ngeno
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- The accused is sentenced to five years imprisonment for manslaughter.
- Judges
- HI Ong'udi
- 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
Nicholas Kipkemoi Ngeno
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter after plea bargaining.
- 2 What weight should be given to the social inquiry report and the period already spent in custody.
Ratio Decidendi
The court found that, despite the accused's mitigation and the two years already spent in custody, the circumstances of the offence and the recommendations of the social inquiry report did not justify a non-custodial sentence. The seriousness of the offence and the lack of compelling reasons for leniency led the court to impose a custodial sentence of five years imprisonment for manslaughter, reflecting both the need for punishment and consideration of time already served.
Court Disposition
The accused is sentenced to five years imprisonment for manslaughter.
Orders
- The accused shall serve five (5) years imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 39 OF 2012
REPUBLIC ………………………………...........................................PROSECUTOR
VERSUS
NICHOLAS KIPKEMOI NGENO………….................................................ACCUSED
RULING ON SENTENCE
The accused was charged with the offence of Murder which was later reduced to Manslaughter after a plea bargaining arrangement.
The circumstances giving rise to this incident are well outlined in the facts. The social inquiry report does not recommend a non-custodial sentence for reasons set out in the said report.
I have considered the accused's mitigation; the social inquiry report; the circumstances giving rise to this incident and accused's stay of two(2) years in custody. I do find a non-custodial sentence not justified at all. He will serve five (5) years imprisonment.
Dated, signed and delivered this 21st day of November, 2014
H.I. ONG'UDI
JUDGE
In the presence of;
M/S Kivali for State
Mr. Maengwe for accused
Accused
Korir – Court Assistant