[2020] KEHC 1161 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO.23 OF 2015

REPUBLIC.....................................................................................RESPONDENT

VERSUS

PETER KIPRONO RONO ALIAS BII...............................................ACCUSED

JUDGMENT

1. The Accused Person in this case, PETER KIPRONO RONO alias BII (hereafter referred to as the Accused) was initially charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. The offence was subsequently reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code following a successful plea bargain agreement signed on 12/11/2020.

3. The particulars of the charge are that on 1/11/2015 at Koisoen Village in Kutung Sub-Location, Kipkelion West Sub-County within Kericho County, the Accused Person unlawfully killed HARUN CHERUIYOT SANG.

4. The fact of the case were as follows:-

On the 1st day of November, 2015 at around 1300 hrs, the Deceased was at home doing laundry. The Accused person arrived and confronted him saying that he wants to kill somebody.

The Accused who looked drunk was from quarrelling his other neighbor by the name Gilbert Bor, accusing him of not paying him his outstanding cash of Kshs.30/= for the casual work he did for him.

The Accused Person was demanding Kshs.700/= from the Deceased which the Deceased had promised to pay the Accused in consideration for what the Accused Person claimed that the Deceased stole him two shirts and socks.

They started quarrelling and the Accused Person suddenly pushed the Deceased and immediately the Accused removed a knife which he hid in his gumboots and used it to stab the Deceased on his left side of his Chest and ran away towards his home.

The Deceased fell down and started crawling towards a neighbour’s house while bleeding profusely. On reaching the neighbour’s gate, he could not move anymore and became unconscious.

Neighbours raised alarm and others who had arrived where the deceased was, removed his vest and took him to a nearby Private Clinic at Kebeneti Centre. He was later transferred to Kericho District Hospital.

His condition got worse and was again referred to Nakuru Provincial Hospital where he died while undergoing treatment.

The body of the Deceased was taken to the Mortuary of the same Hospital where Postmortem was conducted by Dr. Titus Ngulungu who formed the opinion that the cause of death was severe Chest Injury due to sharp force trauma (stab injury) to the left Chest involving Chest Wall Diaphragm with blood loss.

Meanwhile on the fateful day when the Accused had ran away after the incident, the neighbours pursued him and others went to wait for him at his home. On reaching his house, he saw neighbours waiting to arrest him. He then armed himself with an axe swaying it as he approached them in a bid to disperse them but he was overpowered by the neighbours, disarmed and escorted him to the Kipkelion Police Station.

The Accused was then charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code which has now been reduced to the offence of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code.

5. The Learned Counsel for the Accused Person gave mitigation on behalf of the Accused Person. He said the Accused Person is 27 years old and not yet married.

6. It was further submitted during mitigation that the Accused Person is remorseful and he has had time to reflect on his life and he has been reformed and he now attends Israel Nineve Church.

7. The Court was also told in mitigation that the Accused Person is taking care of his aged parents and he prays for the Court’s leniency to be released on a non-custodial sentence.

8. The Probation Officer filed a Pre-sentence Report dated 2/12/2020 giving the social background of the offender.

9. The Probation Officer stated in his report that the Accused Person’s parents and clan members have met and fully participated in a reconciliation and a cleansing ceremony which has been done.

10. I have considered the circumstances of this case together with the mitigation as given by the Accused Person’s Counsel.

11. The Accused Person went to the home of the Deceased to demand his debt of Kshs.700/= from the Deceased and in the process, the Accused Person stabbed the Deceased with a knife on the chest inflicting fatal injuries on him.

12. The Court has taken into consideration the fact that the Accused Person was in custody since 16/11/2015 until he was released on bail on 20/12/2019 a period of almost 4 years and he served sentence retrospectively.

13. The Accused Person is also a first offender and he is young in age and this court gives him a chance to resettle back to community.

14. I accordingly release the Accused Person on Probation for a period of 3 years in order to be supervised and be closely monitored as he is reintergrated back to society.

15. The conditions for release are carefully spelt out to the Accused person.

16. The surety is accordingly discharged.

Delivered, dated and signed at Kericho this 3rd day of December, 2020.

A. N. ONGERI

JUDGE