[2014] KEHC 988 (KLR)
The court found that the accused persons, having accepted a plea bargain, were properly convicted of manslaughter. The court considered the aggravating factor that the accused armed themselves and attacked the deceased without provocation, resulting in his death. However, the court also took into account the...
Source-derived case information.
- Citation
- [2014] KEHC 988 (KLR)
- Parties
- Applicant: Republic; Defendant: Philip Kipngeno Kirui; Defendant: Philip Kimutai Kosgei; Defendant: Joseph Kiprono Koskei
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Each accused 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
Applicant
Philip Kipngeno Kirui
Defendant
Philip Kimutai Kosgei
Defendant
Joseph Kiprono Koskei
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused persons should be convicted of manslaughter following a plea bargain arrangement.
- 2 What is the appropriate sentence for the accused persons given the circumstances of the offence and their time in custody.
Ratio Decidendi
The court found that the accused persons, having accepted a plea bargain, were properly convicted of manslaughter. The court considered the aggravating factor that the accused armed themselves and attacked the deceased without provocation, resulting in his death. However, the court also took into account the mitigating factors: the accused had been in custody for two years, had no injuries from the deceased, and had been drinking at the time of the offence. Balancing these factors, the court determined that a custodial sentence of five years for each accused was appropriate and proportionate to the circumstances of the case.
Court Disposition
Each accused sentenced to five years imprisonment for manslaughter.
Orders
- Each accused shall serve five years imprisonment.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 42 OF 2012
REPUBLIC ………………………………..….........PROSECUTOR
VERSUS
PHILIP KIPNGENO KIRUI……………....................1ST ACCUSED
PHILIP KIMUTAI KOSGEI …..................................2ND ACCUSED
JOSEPH KIPRONO KOSKEI ….............................3RD ACCUSED
RULING ON SENTENCE
All the accused persons were initially charged with the offence of Murder contrary to Section 203as read with Section 204 of the Penal Code. The offence was later reduced to Manslaughter after a plea bargaining arrangement.
The circumstances giving rise to commission of this offence are clearly stated in the facts.
The accused persons clearly set out and armed themselves with crude weapons which they used to beat up the deceased and fatally injured him.
None of the accused persons was injured by the deceased. This means their attack on him was uncalled for.
I have considered the social inquiry reports filed herein in respect of each accused, and the fact that the accused persons had been drinking.
I also consider the fact that the accused persons have been in custody for two(2) years each.
Order
They will each serve five(5) years imprisonment.
Dated, signed and delivered this 19th day of December, 2014
H.I. ONG'UDI
JUDGE
In the presence of ;
M/S Njenga for State
Mr. Koskei for Accused - present
All Accused – present in person
Lagat – Court Assistant
Interpretation – English/Kipsigis