[2015] KEHC 5833 (KLR)
The court found that, despite the accused having spent one year and three months in custody and the existence of mitigating factors such as intoxication and a detailed social inquiry report, a non-custodial sentence was not appropriate given the seriousness of the offence of manslaughter. The court determined that a...
Source-derived case information.
- Citation
- [2015] KEHC 5833 (KLR)
- Parties
- Applicant: Republic; Defendant: Philip Ruto
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 61 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to four years imprisonment
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Philip Ruto
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether a non-custodial sentence is appropriate for the accused convicted of manslaughter after a plea bargain.
- 2 What is the suitable sentence for the accused considering the circumstances of the offence and the time already spent in custody.
Ratio Decidendi
The court found that, despite the accused having spent one year and three months in custody and the existence of mitigating factors such as intoxication and a detailed social inquiry report, a non-custodial sentence was not appropriate given the seriousness of the offence of manslaughter. The court determined that a custodial sentence of four years imprisonment was warranted to reflect the gravity of the offence and to serve the interests of justice.
Court Disposition
accused sentenced to four years imprisonment
Orders
- The accused is sentenced to four years imprisonment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 61 OF 2013
REPUBLIC ………………………………..…....... PROSECUTOR
VERSUS
PHILIP RUTO ….......................……………………… ACCUSED
RULING ON SENTENCE
The accused was convicted of the offence of Manslaughter after a plea bargain.
Both the accused and deceased were drunk at the time of the commission of the offence.
A social inquiry report filed herein has revealed alot about the accused person. The report is so detailed.
The accused has been in custody for one year and three months.
Considering all the above, I find a non-custodial sentence not suitable for the accused.
I hereby sentence him to four(4) years imprisonment.
Dated, signed and delivered this 27th day of March, 2015
H.I. ONG'UDI
JUDGE
In the presence of ;
M/S Kivali for State
Mr. Koko for accused– absent
Accused
Lagat – Court Assistant