[2022] KEHC 1345 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KERICHO

CRIMINAL CASE NO.29 OF 2019

REPUBLIC...........................................PROSECUTOR

VERSUS

PRISCAH CHESANG ALIAS JESKA.....ACCUSED

SENTENCE

1. The Accused Person in this case, PRISCAH CHESANG was charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. The charge was subsequently reduced to manslaughter Contrary to Section 202 as read with Section with Section 205 of the Penal Code following a successful plea bargain agreement signed by the Accused Person on 10/6/2021.

3. The particulars of the charge of Manslaughter were that on 11/7/2019 at Cheborgei Location in Bureti Sub-county within Kericho County, the Accused Person unlawfully killed JOSEPHAT SANG.

4. The facts of the case as given by the Prosecutor were as follows;

The deceased had employed the accused person as a tea picker in their family tea farm. She was a casual labourer.

After working for some weeks the accused disagreed on the amount of money that the deceased was to pay her.

The accused claimed that she was to be paid an accumulated amount of Kshs.10,417/= by the deceased.

The deceased and his mother on the other hand accused her of stealing some of their tea leaves while plucking them hence cannot be paid the amount of money claimed.

On the 11th day of July, 2019 at about 7:00 pm, the accused went to the tea buying center to demand her money from the deceased.

She met the deceased and demanded that she be paid but the deceased told her that he had no money at that time but will pay her later.

The Accused could hear none of that confronted the deceased demanding to be paid at that time.

This annoyed the deceased who slapped the accused and they started fighting. The deceased wrestled the accused person throwing her down on the ground and stepped on her stomach.

The accused managed to free herself, stood up and removed a knife from her bag which she was holding on her hand and used it to stab the deceased on his back. She went on to pick a thermos which was nearby and threw it to the deceased hitting him hard on his head, she then ran away from the scene.

The commotion attracted the people who were around there and went to the scene. They found the deceased lying down writhing in pain and bleeding from the visible stab wound on his back.

One good Samaritan offered to take the deceased to Litein A.I.C. Hospital using his Motorbike but he was pronounced dead on arrival.

The body of the deceased was taken to the same Hospital Mortuary where postmortem was conducted by Dr. Mutai Nickson. He noted a stab penetrating wound on posterior right middle thorax and huge right heamothorax stab wound on right lung approximately 5 cm x 4 cm x 5 cm collapsed right lung on his respiratory system.

He then concluded that the cause of death was severe hemorrhage and collapsed right lung secondary to assault.

The following day on 12th July, 2019 at around 06:00 hrs, the Area Chief received a call from the Local Village Elder informing him that the Accused was spotted around his area.

The Area Chief in the company of members of Public went to where the Accused had been spotted and conducted a search then found her hiding inside maize plantation.

She was arrested by the Chief and escorted to Litein Police Station where she was handed over to the police.

After investigations were concluded, the accused was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

This has now been reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code.

5. The Learned Counsel for the Accused Person told the Court that the Accused Person is remorseful for the offence and further that she was not the aggressor since she was provoked by the deceased who refused to pay her money for plucking tea and further accused her of stealing his tea leaves.

6. The Defence Counsel further submitted that the Accused Person left behind her child unattended and has been in custody for three years since she was arrested.

7. Further that the Accused Person has reformed and she is ready to make positive contributions to society if she is given a non-custodial sentence.

8. I have considered the social inquiry Report filed herein on 21/1/2022 and the same states that the Accused Person was of good character before the commission of the offence.

9. The Report further states that the Accused Person went to school upto class seven and dropped out of school to get married to one Mwangi but they separated and she went back to her parents with one child.

10. This Court has considered the mitigation as given on behalf of the Accused Person and also the social circumstances on the commission of the offence.

11. The offence of Manslaughter is a serious one and it carries a penalty of life imprisonment.

12. The Accused Person is a single parent with one child. She has been in custody since July, 2019, a period of two years and seven months.

13. The Accused Person is considered suitable for a non-custodial sentence.

14. She is accordingly placed on probation for a period of three (3) years on condition that she complies with terms and conditions imposed by the Probation Officer.

15. The County Probation Officer to organize counselling sessions to help re-integrate the Accused Person back to society.

Right of Appeal – 14 days (Explained).

DELIVERED, DATED AND SIGNED AT KERICHO THIS 18TH DAY OF MARCH, 2022

A. N. ONGERI

JUDGE