[2015] KEHC 5892 (KLR)
The court found that the accused, having pleaded guilty to manslaughter in a plea bargain, was a first offender, and had already spent three and three quarters years in custody. The incident occurred under the influence of alcohol between brothers. The probation officer's social inquiry report was favorable....
Source-derived case information.
- Citation
- [2015] KEHC 5892 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Kiprotich Kitur
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 25 of 2011
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
- Outcome
- Accused sentenced to 18 months probation.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Probation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Robert Kiprotich Kitur
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
Legal Issues
- 1 Whether the accused, having been convicted of manslaughter on a plea bargain, should receive a custodial or non-custodial sentence.
- 2 What weight should be given to the accused's status as a first offender and the period already spent in custody.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter in a plea bargain, was a first offender, and had already spent three and three quarters years in custody. The incident occurred under the influence of alcohol between brothers. The probation officer's social inquiry report was favorable. Considering all these factors, the court determined that a non-custodial sentence was appropriate and sentenced the accused to eighteen months on probation, with conditions explained to him.
Court Disposition
Accused sentenced to 18 months probation.
Orders
- The accused is sentenced to eighteen months on probation.
- Probation conditions explained to the accused.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 25 OF 2011
REPUBLIC ………………………………..…....... PROSECUTOR
VERSUS
ROBERT KIPROTICH KITUR ……………………...... ACCUSED
RULING ON SENTENCE
1. The accused was convicted of Manslaughter after a plea bargaining arrangement.
2. The deceased and the accused were brothers. The deceased was older than the accused.
3. The incident occurred when both of them were under heavy influence of alcohol.
4. An impressive detailed social inquiry has been filed by the Probation officer.
5. The accused is a first offender and has been in custody for three and three quarters (3¾) years.
6. After due consideration of all the above, I find him suitable for a non-custodial sentence.
I hereby sentence him to eighteen(18) months on Probation.
7. Conditions explained.
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. Ngeno for accused – absent
Accused
Lagat – Court Assistant