[2014] KEHC 2341 (KLR)
The court found that although the accused persons intervened to rescue their sister from the deceased, their collective attack on the deceased was excessive and not justified by the circumstances, as the deceased was not dangerously armed and Judith Chepngetich was not seriously injured. The court took into account...
Source-derived case information.
- Citation
- [2014] KEHC 2341 (KLR)
- Parties
- Applicant: Republic; Defendant: Samson Kipkoros Langat; Defendant: Reuben Kipyegon Langat; Defendant: Benjamin Kiprop Langat; Defendant: Evans Kipkorir Kiru
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 59 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction for Manslaughter on Plea Bargain
- Outcome
- Each accused sentenced to three years on probation for manslaughter.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samson Kipkoros Langat
Defendant
Reuben Kipyegon Langat
Defendant
Benjamin Kiprop Langat
Defendant
Evans Kipkorir Kiru
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction for Manslaughter on Plea Bargain
Legal Issues
- 1 Whether the accused persons should be sentenced to probation or custodial sentence for manslaughter.
- 2 Whether the plea bargain and family/community reconciliation are sufficient grounds for a non-custodial sentence.
Ratio Decidendi
The court found that although the accused persons intervened to rescue their sister from the deceased, their collective attack on the deceased was excessive and not justified by the circumstances, as the deceased was not dangerously armed and Judith Chepngetich was not seriously injured. The court took into account the familial relationships, the remorse shown by the accused, their ongoing support for the deceased's family, and the willingness of the family, community, and local administration to facilitate reconciliation. The court accepted the probation officer's recommendation and determined that a non-custodial sentence of three years' probation for each accused was appropriate,...
Court Disposition
Each accused sentenced to three years on probation for manslaughter.
Orders
- Each accused shall serve a sentence of three years on probation.
- The conditions of probation are explained to the accused.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 59 OF 2013
REPUBLIC …..............................................................................PROSECUTOR
VERSUS
SAMSON KIPKOROS LANGAT...................….......................... 1ST ACCUSED
REUBEN KIPYEGON LANGAT.................................................2ND ACCUSED
BENJAMIN KIPROP LANGAT…................................................3RD ACCUSED
EVANS KIPKORIR KIRU …........................................................4TH ACCUSED
RULING
The issues raised by this court on 2nd October, 2014have been adequately covered by the Director of Public Prosecution's office and the Probation. It is now clear that Judith Chepngetich who was being beaten by the deceased is a sister and not a wife to the deceased. The saidJudith Chepngetich has accordingly been interviewed by the Probation Officer.
For record purposes it is important to note that Accused 1, Accused 2 and Accused 3 are all brothers to the deceased and Judith Chepngetich, while Accused 4 is a nephew to all the accused, the deceased and Judith Chepngetich.
The facts stated by the State show that the deceased had attacked Judith Chepngetich and all the four accused went to rescue her. It was unreasonable of them to all attack one person who was not said to be dangerously armed, in the name of rescuing Judith Chepngetich who was not seriously injured. They have however realized that their serious attack on the deceased was uncalled for. They have and continued to give support to the widow and orphaned children of the deceased. The family, community and local administration have been said to be willing to receive the accused persons back into the society, and facilitate in the process of cleansing and reconciliation. I do note that the accused persons though initially charged with Murder were convicted of Manslaughter contrary to Section 202 as read with Section 205 after a plea bargaining arrangement.
After considering all the circumstances of the case and the relationship of the accused persons and the deceased, I do find the recommendation by the Probation Officer to be appropriate. Each accused will serve a sentence of three (3) years on Probation.
The conditions are clearly explained to them.
Dated, signed and delivered in open court this 23rd day of October, 2014
H.I. ONG'UDI
JUDGE
In the presence of:
M/S Kivali for State
Mr. Koskei for all Accused persons - present
Lagat– Court Assistant
All accused – present in person