[2014] KEHC 1026 (KLR)
The court found that the offence, though resulting in the tragic death of an infant, occurred in circumstances lacking malice aforethought and was precipitated by the accused's intoxication and accidental conduct. The accused had already spent one and a half years in custody, and the Probation Officer's report was...
Source-derived case information.
- Citation
- [2014] KEHC 1026 (KLR)
- Parties
- Respondent: Republic; Defendant: Richard Kipyegon Langat
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to probation
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Richard Kipyegon Langat
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter after plea bargaining.
- 2 What weight should be given to the accused's time in custody and the circumstances of the offence.
Ratio Decidendi
The court found that the offence, though resulting in the tragic death of an infant, occurred in circumstances lacking malice aforethought and was precipitated by the accused's intoxication and accidental conduct. The accused had already spent one and a half years in custody, and the Probation Officer's report was favourable, indicating prospects for rehabilitation. The court determined that a non-custodial sentence would serve the interests of justice, provided the accused undertook to change his drinking habits and act responsibly. Accordingly, the accused was sentenced to three years on probation, with conditions explained to him in court.
Court Disposition
accused sentenced to probation
Orders
- The accused is sentenced to three years on probation.
- Probation conditions explained to the accused in court.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 38 OF 2013
REPUBLIC………………………………..........…PROSECUTOR
VERSUS
RICHARD KIPYEGON LANGAT………………....…….ACCUSED
RULING ON SENTENCE
1. The charge against the accused was reduced from murder to Manslaughter after a plea bargaining arrangement.
2. The deceased who was aged 11 months was a daughter of the accused.
3. The circumstances leading to the incident show that the accused in his drunken state had quarrelled with his wife was carrying his daughter when he tripped outside the house and the deceased fell down injuring her head.
4. I have considered these circumstances together with the 1 ½ years the accused has been in custody.
5. The Probation Officer’s Report is also favourable. This was a very unfortunate incident. The accused must change his unfruitful drinking habits and act responsibly.
He is sentenced to three (3) years on Probation. Conditions explained.
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
Lagat; Court Assistant
All accused – present in person
Interpretation; English/Kipsigis