[2022] KEHC 15929 (KLR)
The court found that although manslaughter is a grave offence punishable by life imprisonment, the accused's plea of guilty, expression of remorse, prolonged pre-trial custody of over seven years, and the fact that his wife died while he was in custody leaving four children under the care of his elderly mother,...
Source-derived case information.
- Citation
- [2022] KEHC 15929 (KLR)
- Parties
- Applicant: Republic; Defendant: Philemon Kipkurui Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2015
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused placed on probation for three years.
- Judges
- AN Ongeri
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Probation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Philemon Kipkurui Rono
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the mitigating circumstances, including the accused's plea of guilty and family situation, warrant leniency.
Ratio Decidendi
The court found that although manslaughter is a grave offence punishable by life imprisonment, the accused's plea of guilty, expression of remorse, prolonged pre-trial custody of over seven years, and the fact that his wife died while he was in custody leaving four children under the care of his elderly mother, constituted significant mitigating circumstances. The court determined that these factors, together with the recommendation of the probation officer, justified a non-custodial sentence. The accused was therefore placed on probation for three years, conditional on compliance with probation requirements and participation in counselling sessions, as this would best serve the interests...
Court Disposition
Accused placed on probation for three years.
Orders
- The accused is placed on probation for three years on condition of compliance with probation officer requirements.
- Probation department to organize counselling sessions for the accused during the probation period.
Full Case Text
Judgment text and source record
32 paragraphs
Republic v Rono (Criminal Case 12 of 2015) [2022] KEHC 15929 (KLR) (11 November 2022) (Sentence)
Neutral citation: [2022] KEHC 15929 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case 12 of 2015
AN Ongeri, J
November 11, 2022
Between
Republic
Prosecutor
and
Philemon Kipkurui Rono
Accused
Sentence
1. The accused person was initially charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. The charge was reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code and the accused person pleaded guilty to the lesser charge of manslaughter following a successful plea bargain agreement signed by the accused person.
3. The particulars of the charge of manslaughter were that on 27/5/2015 at about 10 pm at Kaitui Trading Centre in Kericho district within Kericho county, the accused person unlawfully killed Rober Kipkirui Ruto.
4. The facts of the case as given by the prosecuting counsel were as follows:-On 27/5/2015 at 9. 30 pm, the deceased had gone to visit his relative at a hotel at Kaitui centre.The deceased was sent to buy sugar at a nearby shop by the owner of the hotel called Carren Cherotich.The deceased went to the shop and bought sugar and while heading back to the hotel, he was waylaid and attacked by accused about 10 metres from the hotel.The accused person had waylaid the deceased without provocation and stabbed him on the neck and he ran away.The deceased shouted for help and members of the public responded and came to assist him.The members of public hired a vehicle and took the deceased to hospital but he died on the way to hospital.A report was made at Kipsitet Police Station.On 28/5/2015, police got information that the accused had been seen at his home at kaitui Area and he had been arrested by members of the public.He was re-arrested by the police and sharp object recovered from him. A blood-stained jacket and long trouser were recovered.On 29/5/2015 a post mortem (PM) was performed on the body of the deceased by dr Koskei Edwin of Kericho County Referral Hospital.He formed the opinion that the deceased died due to laceration of the left pulmonary vein leading to massive loss of blood. Thereafter there was hypovolemia.The doctor signed the postmortem report on 29/5/2015 and it was produced as an exhibit (marked P Exhibit 1).The accused person was charged with murder which was subsequently reduced to the lesser offence of manslaughter upon plea bargain.
5. The defence counsel said in mitigation that the accused person is remorseful and he regrets the act he committed.
6. Further that the accused person is 40 years old and married with four children and his wife died in the year, 2021 leaving his children under the care of his elderly mother.
7. The accused person asked to be considered for a non-custodial sentence so that he can look after his children.
8. The probation officer filed a social inquiry report on 1/11/2022 detailing the social background of the accused person. According to the report, the accused person was born in 1980 and he attended Kiptugumo Primary School upto class 7 but dropped out of school due to lack of interest in school.
9. The accused person got married to Mercy Rono who died in 2021 while he was still in custody. They have 4 children.
10. The accused person was arrested and first arraigned in court on 29/5/2015. He was released on bond on 23/10/2020. He was re-arrested by the Chief and the investigating Officer escorted him to court and told the court that upon reaching home, the accused person had become violent and the community wanted to lynch him. His bond was cancelled on 4/11/2020.
11. The court has taken into consideration the mitigating circumstances of this case and especially the fact that the accused person pleaded guilty and saved the court’s time.
12. The offence of manslaughter is a very serious one and it calls for a sentence of life imprisonment.
13. The accused person was arrested and first arraigned in court on 29/8/2015. He was briefly released on bond on October 23, 2020 and re-arrested on 4/11/2020 and he was again remanded in custody.
14. The accused person has been in custody for a period of over seven (7) years.
15. Taking into account, the mitigating circumstances of this case and especially the fact that the accused person has children to take care of and that his wife died in the year, 2021while he was still in custody, the accused person is considered suitable for a non-custodial sentence.
16. I accordingly place the accused person on a probation sentence of 3 years on condition that he complies with the requirement of the probation officer.
17. During that period, the probation to organize for counselling sessions.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 11THDAY OF NOVEMBER, 2022A. N. ONGERIJUDGE