[2022] KEHC 2320 (KLR)
The court found that the accused, having pleaded guilty to manslaughter, was a first offender, had shown remorse, and had already spent five years in custody. The court considered the mitigation advanced by the defence and the presentencing report, noting that the offence was committed under the influence of alcohol...
Source-derived case information.
- Citation
- [2022] KEHC 2320 (KLR)
- Parties
- Applicant: Republic; Defendant: Robert Langat
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2016
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- accused sentenced to three years' probation
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Probation Orders
- 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
Robert Langat
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the period spent in custody should be considered in sentencing.
- 3 Whether mitigation factors such as remorse and being a first offender warrant leniency.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter, was a first offender, had shown remorse, and had already spent five years in custody. The court considered the mitigation advanced by the defence and the presentencing report, noting that the offence was committed under the influence of alcohol and that the accused regretted his actions. The court determined that a non-custodial sentence was appropriate in the circumstances, taking into account the period already spent in custody and the accused's prospects for rehabilitation. Accordingly, the accused was sentenced to a three-year probation period under the supervision of the county probation office.
Court Disposition
accused sentenced to three years' probation
Orders
- The accused is sentenced to three years' probation under the relevant probation office as directed by the county probation officer.
- The period already spent in custody is taken into account.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO 7 OF 2016
REPUBLIC...................................................................PROSECUTOR
VERSUS
ROBERT LANGAT..............................................................ACCUSED
JUDGEMENT ON SENTENCE
1. The accused was charged with the offence of murder which he later changed to Manslaughter contrary to Section 202 as read with 205 of the Penal code. He was accused of killing the late Florence Chepkorir on 10th February 2016 at septet centre Kiptagich location Kuresoi district, Nakuru County.
2. Having admitted the offence, the court directed that a presentencing report be prepared which was done and filed on 24th January 2022.
3. His counsel on mitigation pleaded for leniency stating that the accused was a young man with a family and was remorseful. He said that he regretted the offence as he did it while under alcoholic influence.
4. The learned state counsel left it to the discretion of the court.
5. The court has perused the report and taken interest in the mitigation herein. There was no need for the accused to have killed the deceased because of denial of conjugal rights. In any case she was not his wife.
6. Needless to state that he is a first offender and has been in custody for the last five years and he must have learned valuable lessons.
7. In the premises, the court shall grant him a non-custodial sentence taking into consideration the period he has been in custody as stated above.
8. The accused is hereby sentenced to threeyears’ probation period under the relevant probation office as shall be directed by the county probation officer.
DATED SIGNED AND DELIVERED VIA VIDEO LINK THIS 16TH DAY OF FEBRUARY 2022.
H K CHEMITEI.
JUDGE