[2014] KEHC 1735 (KLR)
The court determined that, given the circumstances under which the offence was committed, the abandonment of the accused's children by their mother, the willingness of both families to reconcile, and the significant period already spent in custody, a non-custodial sentence was appropriate. The court emphasized the...
Source-derived case information.
- Citation
- [2014] KEHC 1735 (KLR)
- Parties
- Respondent: Republic; Defendant: Reuben Kibet Koske
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to three years probation.
- 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
Respondent
Reuben Kibet Koske
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter after plea bargaining.
- 2 What weight should be given to the accused's family circumstances and time already spent in custody.
Ratio Decidendi
The court determined that, given the circumstances under which the offence was committed, the abandonment of the accused's children by their mother, the willingness of both families to reconcile, and the significant period already spent in custody, a non-custodial sentence was appropriate. The court emphasized the welfare of the innocent children and the rehabilitative prospects of the accused, opting for a probationary sentence rather than further incarceration. The conditions of probation were explained to the accused, and the court exercised its discretion to prioritize rehabilitation and family unity over punitive measures.
Court Disposition
Accused sentenced to three years probation.
Orders
- The accused shall serve three years on probation under conditions explained to him.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 17 OF 2012
REPUBLIC ……………………………...…… PROSECUTOR
VERSUS
REUBEN KIBET KOSKE ………………………… ACCUSED
RULING ON SENTENCE
The accused person was initially charged with Murder which was reduced to Manslaughter after plea bargaining.
The report by the Probation officer indicates that the accused had serious marital problems with his wife which landed him in this problem. The wife left the home upon his arrest. Their four young children have been left under the care of his elderly parents, as his wife roams about in Kipkelion. The accused’s family and that of the deceased are ready to reconcile and have some cleansing done for the accused. The accused has been in custody since March 2012 (a period of two years and seven months).
Considering the circumstances under which the offence was committed and for the sake of the innocent children who have been abandoned by their own mother, I will consider a non-custodial sentence.
The accused will serve three (3) years on Probation. The conditions are fully explained to the accused.
Dated, signed and delivered this 19th day of November, 2014
H.I. ONG’UDI
JUDGE
In the presence of;
Mrs. Bett for Akinyi for accused
M/S Keli for State
Accused – present
Korir – Court Assistant