[2022] KEHC 1224 (KLR)
The court found that the accused unlawfully killed his brother during a drunken stupor, but the circumstances did not meet the threshold for murder. The charge was therefore reduced to manslaughter under section 202 as read with section 205 of the Penal Code. In determining the sentence, the court considered the...
Source-derived case information.
- Citation
- [2022] KEHC 1224 (KLR)
- Parties
- Applicant: Republic; Defendant: Samwel Kiprono Kemei
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to 15 years imprisonment
- Judges
- AN Ongeri
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samwel Kiprono Kemei
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder or manslaughter under the Penal Code.
- 2 What is the appropriate sentence for the offence of manslaughter committed by the accused.
Ratio Decidendi
The court found that the accused unlawfully killed his brother during a drunken stupor, but the circumstances did not meet the threshold for murder. The charge was therefore reduced to manslaughter under section 202 as read with section 205 of the Penal Code. In determining the sentence, the court considered the gravity of the offence, the fact that the accused killed his brother for no apparent reason, and the maximum penalty for manslaughter being life imprisonment. The court also took into account the accused's mitigation, including his remorse, family situation, and the five years already spent in custody. Balancing these factors, the court sentenced the accused to fifteen years...
Court Disposition
convicted of manslaughter and sentenced to 15 years imprisonment
Orders
- The accused is sentenced to fifteen (15) years imprisonment.
- The sentence shall start running from 27/9/2017 when the accused was first arraigned in court.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO.26 OF 2017
REPUBLIC..............................................................................................PROSECUTOR
VERSUS
SAMWEL KIPRONO KEMEI.....................................................................ACCUSED
SENTENCE
1. The Accused person was charged with murder contrary to section 203 as read with section 204 of the Penal Code.
2. After conducting a trial, the court found the Accused person guilty of Manslaughter contrary to section 202 as read with section 205 of the penal code.
3. In mitigation, counsel for the Accused person told the court that the Accused person is a father of three children and that his wife is estranged.
4. Further, that the Accused person is remorseful for the offence he committed and he has been in custody for a period of five years since 27th of September 2017 when he was first arraigned in court.
5. The Defence Counsel also said that both the Accused person and the deceased were drunk during the incident.
6. The Probation Officer filed a social Enquiry Report dated 16/2/2022 in which it is stated that the Accused person dropped out of school due to lack of school fees and got married and he had three children before his wife left.
7. I have considered the evidence adduced in this case together with the mitigation given on account of the Accused person.
8. The Accused person unlawfully killed his brother during a drunken stupor.
9. Although the charge was reduced to one of manslaughter, the Accused person terminated the life of his brother for no apparent reason.
10. The offence of manslaughter carries a sentence of life imprisonment.
11. The Accused person is sentenced to fifteen (15) years imprisonment.
12. The sentence to start running from 27/9/2017 when the Accused person was first arraigned in court.
13. Right of Appeal 14 days (Explained).
DELIVERED, DATED AND SIGNED AT KERICHO THIS 18TH DAY OF MARCH, 2022.
A. N. ONGERI
JUDGE