[2015] KEHC 6779 (KLR)
The court found that, although the accused's actions in causing the death of his brother were irresponsible and uncalled for, several mitigating factors warranted a blended sentence. These included the accused's youth, his medical condition (epilepsy), the fact that he had already spent one year in custody, and the...
Source-derived case information.
- Citation
- [2015] KEHC 6779 (KLR)
- Parties
- Respondent: Republic; Defendant: Robert Maritim Kipngetich
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
- Outcome
- Accused sentenced to five years: two years imprisonment and three years probation.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Mitigation, Probation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Robert Maritim Kipngetich
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence considering the accused's mitigation and social inquiry report.
Ratio Decidendi
The court found that, although the accused's actions in causing the death of his brother were irresponsible and uncalled for, several mitigating factors warranted a blended sentence. These included the accused's youth, his medical condition (epilepsy), the fact that he had already spent one year in custody, and the willingness of the family and community to reintegrate him. The court determined that a sentence of five years was appropriate, with the first two years to be served in prison and the remaining three years on probation, balancing the need for punishment, rehabilitation, and community acceptance.
Court Disposition
Accused sentenced to five years: two years imprisonment and three years probation.
Orders
- The accused shall serve two years imprisonment.
- The accused shall serve three years on probation following the custodial sentence, under conditions explained to him.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 2 OF 2014
REPUBLIC...................................................................................PROSECUTOR
VERSUS
ROBERT MARITIM KIPNGETICH.....................................................ACCUSED
RULING ON SENTENCE
The accused herein was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The said charge was reduced to Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after a plea bargaining agreement. The accused was then convicted of the said reduced charge.
In mitigation Mr. Mutai for the accused told the court that the accused is aged 22 years and suffers from epilepsy. The facts also revealed that the accused and the deceased were brothers of the same father and mother.
A social inquiry report was filed by the Probation Officer and it confirmed that the community and family were ready and willing to receive the accused back home.
The accused was first arraigned in court on 13/1/2014. He has been in custody for one (1) year now. I believe he has had time to reflect on what he did to his own brother. His acts were irresponsible and uncalled for. He hit his brother on the head not once but severally.
I have considered all these facts plus the mitigation and the social inquiry report. I find a sentence of five (5) years to be appropriate. He will serve it as follows.
- The first two (2) years will be a prison term.
- The next three (3) years will be on probation, whose conditions are explained to the accused person.
Dated, signed and delivered in court this 23rd day of January, 2015.
…..................
H. ONG'UDI
JUDGE
In the presence of:
M/s Kivali for State
Mr. Mutai Joshua for accused
Rotich- court assistant