[2023] KEHC 23745 (KLR)

Republic v Rono (Criminal Case 29 of 2018) [2023] KEHC 23745 (KLR) (17 October 2023) (Sentence)

Neutral citation: [2023] KEHC 23745 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 29 of 2018

JK Sergon, J

October 17, 2023

Between

Republic

Prosecutor

and

Benard Kipngeno Rono

Accused

Sentence

1. Benard Kipngeno Rono the Accused herein, was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code but convicted of the offence of manslaughter contrary to section 202 as read with section 205 of thePenal Code Cap 63 Laws of Kenya. The particulars of the offence were that on 21st October 2018 at Kelelwa trading center, in Bureti sub-county within Kericho County murdered Richard Langat.

2. Upon convicting the accused for the aforesaid offence, this court directed the county Probation Officer to file a pre-sentence Report and also invited the Accused to make submissions in mitigation to guide the Court in determining the appropriate sentence to be meted out.

3. Mr. Kipyegon Kirui Learned Counsel for the Accused, submitted that the accused regrets the commission of the offence and that the said accused is married to a young girl and together they are blessed with a child. He further submitted that the accused had no history of being violent and had never jumped bail. It was his submission that the accused had a serious medical condition hence he should be favored with a non-custodial sentence. He thus pleaded with the court to be lenient on the accused.

4. Mr. Musyoki Learned Assistant Director of Public Prosecutions submitted that even though the accused was a first time offender, he ended the life of the deceased using a long knife hence a custodial sentence was the most appropriate sentence.

5. This court also called for a pre-sentence report. I have considered the pre-sentence report prepared and filed by the Kericho County – Probation Officer dated 20th July, 2023. In the aforesaid report it is noted that the accused is from a responsible family where no one else in the said family has ever been charged in a court of law. That both his parents and siblings are responsible members of the community and are well known to the local administrators. That the accused who was pursuing Accounting course at Eldoret Polytechnic in the year 2017 did not complete the said course because of the offence at hand. It was noted that the accused has never been associated with committing petty criminal offences in the community, that he is responsible, well behaved and does not abuse alcohol or any illegal drug. That the deceased took the accused’s wife and child away while the accused was in college and that is what caused the altercation between the accused and the deceased leading to the deceased’s death.

6. The accused’s family acknowledged that the accused had not expressed any intent to fight the deceased after he took his wife and child and were sorry on how the deceased met his death and are in the process of performing the necessary cleansing rituals to reconcile the two families.

7. Though the deceased’s family were earlier reluctant to accept the call for reconciliation from the accused family, they had since welcomed the accused’s clan to conduct the necessary ritual and reconcile the two families to allow peace and promote co-existence in the community and that they were not opposed in case the court finds the accused suitable for a non-custodial sentence.

8. The area assistant chief was not opposed in case the court sentence the accused to serve a non-custodial sentence as he identified the accused as a responsible person fully engaged in supporting his parents at home. The village elder described the offender as a polite person who did not spend time with wrong company as the accused had been on bond for a long period of time and no harm or hostility had been directed at him. Additionally, the village elder explained that the deceased’s family which was reluctant to have reconciliation talks had accepted to have talks towards conducting cleansing rituals with the accused’s family.

9. From the foregoing and based on the fact that the accused is described as a responsible individual who was committed to pursuing his education as an accountant, having no previous criminal records and was a first time offender who pleaded for leniency, the county probation officer recommended the accused for a probation order subject to the court’s discretion.

10. Having considered the circumstances of the offence, submissions in mitigation and having further considered the pre-sentence report. I have also taken into account the period the Accused spent in custody before he was released on bai.

11. I find that a short custodial sentence is appropriate. I hereby sentence the Accused Namely:- Benard Kipyegon Rono to serve 10 years imprisonment.

DATED, SIGNED AND DELIVERED THIS 17TH DAY OF OCTOBER, 2023. …………….J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – Mr. MusyokiConvict – Present in PersonKipyegon for the Accused