[2016] KEHC 7328 (KLR)
The court considered the plea bargain, the period the accused had already spent in custody (one year and six months), and the contents of the social inquiry report, which indicated the accused's violent tendencies. Balancing these factors, the court determined that a custodial sentence was necessary to reflect the...
Source-derived case information.
- Citation
- [2016] KEHC 7328 (KLR)
- Parties
- Applicant: Republic; Defendant: Philemon Bore
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 27 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- The accused is sentenced to six years, the first three years to be served in prison and the next three years on probation.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Guidelines, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Philemon Bore
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter after plea bargaining.
- 2 How should the period already spent in custody be considered in sentencing.
- 3 What weight should be given to the social inquiry report indicating violent tendencies.
Ratio Decidendi
The court considered the plea bargain, the period the accused had already spent in custody (one year and six months), and the contents of the social inquiry report, which indicated the accused's violent tendencies. Balancing these factors, the court determined that a custodial sentence was necessary to reflect the seriousness of the offence and to protect the interests of justice, but also allowed for rehabilitation by ordering part of the sentence to be served on probation. The sentence imposed was six years, with the first three years to be served in prison and the remaining three years on probation.
Court Disposition
The accused is sentenced to six years, the first three years to be served in prison and the next three years on probation.
Orders
- The accused shall serve three years in prison.
- The accused shall serve the subsequent three years on probation.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH OF KENYA AT KERICHO
CRIMINAL CASE NO.27 OF 2014
REPUBLIC…………………………………..PROSECUTION
VERSUS
PHILEMON BORE……………………………….ACCUSED
RULING ON SENTENCE
- The accused was convicted of the offence of manslaughter after plea bargaining.
- The deceased was the accused's wife. They have four children, who are living with their grandparents.
- What happened between the accused and his wife (the deceased) is so unfortunate.
- The social inquiry report is not favourable to the accused who appears to have tendencies of violence towards his family members. He needs to manage these uncalled for outbursts.
- I have carefully considered the period he has been in custody (1 year plus six months) together with the contents of the social inquiry report. I have come to the conclusion that the most suitable sentence would be six (6) years to be served as follows:
The first three (3) years to be served in prison.
The next three (3) years on probation.
- Conditions explained.
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, accused person and Cheruyoit/Hillary as court assistants.
…......................
H. I. ONG'UDI
JUDGE