[2015] KEHC 6683 (KLR)
The court found that although the accused persons acted out of anger and caused fatal injuries to the deceased, they admitted the offence of manslaughter after plea bargaining. The social inquiry and mitigation reports were favourable, showing the accused and victim were related and from the same community. The...
Source-derived case information.
- Citation
- [2015] KEHC 6683 (KLR)
- Parties
- Applicant: Republic; Defendant: Ronald Kipkoech Langat alias Bernard; Defendant: Edwin Kiplangat Rono; Defendant: Robert Kipngeno Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2015
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain
- Outcome
- Each accused sentenced to three years probation.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Mob Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Ronald Kipkoech Langat alias Bernard
Defendant
Edwin Kiplangat Rono
Defendant
Robert Kipngeno Rono
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain
Legal Issues
- 1 Whether the accused persons should be sentenced to imprisonment or probation for the offence of manslaughter after plea bargaining.
- 2 Whether the circumstances of the offence and mitigation justify a non-custodial sentence.
Ratio Decidendi
The court found that although the accused persons acted out of anger and caused fatal injuries to the deceased, they admitted the offence of manslaughter after plea bargaining. The social inquiry and mitigation reports were favourable, showing the accused and victim were related and from the same community. The court emphasized that mob justice is unacceptable and that the accused should have reported the matter to law enforcement. However, given the circumstances, their admission of guilt, and the recommendations for leniency, the court determined that a custodial sentence was not warranted. Instead, a probationary sentence would serve the interests of justice, rehabilitation, and...
Court Disposition
Each accused sentenced to three years probation.
Orders
- Each accused to serve three years on probation.
- Conditions of probation fully explained to the accused.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 31 OF 2014
REPUBLIC ……………………………...................…..…....PROSECUTOR
VERSUS
RONALD KIPKOECH LANGAT alias BERNARD...........1ST ACCUSED
EDWIN KIPLANGAT RONO...........................................2ND ACCUSED
ROBERT KIPNGENO RONO..........................................3RD ACCUSED
RULING ON SENTENCE
- The three accused persons had been charged with the offence of Murder which was later on reduced to Manslaughter after plea bargaining.
From the facts given its clear that the accused persons acted out of anger and caused fatal injuries to the deceased. Mob injustice should never be a solution to the challenges that confront us as a society. One would have expected the accused person to have the deceased and his accomplices arrested and taken to law enforcement officers. Unfortunately, they took the law into their own hands. From the Mitigation and the social inquiry reports filed herein its noted that the accused persons and the victim are all related and are from the same clan and village.
- The accused first appeared in court on 17thSeptember, 2014 and they have readily admitted the charge of Manslaughter. The social inquiry reports are favourable in respect of all the accused persons.
Order
Each accused to serve three (3) years on Probation.
Conditions fully explained.
Dated, signed and delivered this 17th day of February, 2015.
H.I. ONG'UDI
JUDGE
In the presence of ;
M/s Kivali for State
Mr. Akinyi for Koko for all the accused
All Accused – present in person
Lagat – Court Assistant
Interpretation – English/Kipsigis