[2016] KEHC 6906 (KLR)
The court found that the accused, having pleaded guilty to manslaughter through a plea bargain, inflicted multiple injuries on his brother, which was uncalled for and aggravated by his history of alcohol abuse and erratic behavior at home. The court considered the social inquiry report, the familial relationship...
Source-derived case information.
- Citation
- [2016] KEHC 6906 (KLR)
- Parties
- Applicant: Republic; Defendant: Patrick Kipkorir Kitur
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 49 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
- Outcome
- accused sentenced to seven years imprisonment for manslaughter
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Patrick Kipkorir Kitur
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of manslaughter after plea bargaining.
- 2 What period of imprisonment is appropriate considering the circumstances and time already spent in custody.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter through a plea bargain, inflicted multiple injuries on his brother, which was uncalled for and aggravated by his history of alcohol abuse and erratic behavior at home. The court considered the social inquiry report, the familial relationship between the accused and the deceased, and the fact that the accused had already spent two years and four months in custody. Balancing these factors, the court determined that a custodial sentence was necessary both as punishment and to allow the accused time for reflection, ultimately sentencing him to seven years' imprisonment.
Court Disposition
accused sentenced to seven years imprisonment for manslaughter
Orders
- Accused is sentenced to serve seven (7) years imprisonment.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA
AT KERICHO
CRIMINAL CASE NO.49 OF 2013
REPUBLIC.............................................................PROSECUTION
VERSUS
PATRICK KIPKORIR KITUR.........................................ACCUSED
RULING ON SENTENCE
- The accused was convicted of the offence of manslaughter after plea bargaining.
- The accused and deceased were brothers.
- The deceased suffered because of intervening for their nephew Wesley whom the accused wanted to beat up.
- The social inquiry report shows that the accused used to abuse alcohol while at home. Generally the things he did at home prior to this incident are weired.
- In brief he needs time away from home to reflect on his life.
- The post mortem report shows that the accused inflicted several injuries on the deceased who was his brother. This was uncalled for.
- I have considered that the accused has been in custody for two (2) years and four (4) months.
ORDER:
Accused is sentenced to serve seven (7) years imprisonment.
Delivered, Signed and Dated at Kericho this 9th day of February , 2016.
........................
H. I. ONG'UDI
JUDGE
In the presence of: M/s Keli for State, Mr. Maengwe for accused, accused person and Hillary/Cheruyoit as court assistants.
.........................
H. I. ONG'UDI
JUDGE