[2022] KEHC 13800 (KLR)

Republic v SC (Criminal Case E013 of 2020) [2022] KEHC 13800 (KLR) (7 October 2022) (Sentence)

Neutral citation: [2022] KEHC 13800 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E013 of 2020

AN Ongeri, J

October 7, 2022

Between

Republic

Prosecutor

and

SC

Accused

Sentence

1. The Accused Person in this case, Sarah Chepkirui (hereafter referred to as the Accused Person) was charged with Murder Contrary to section 203 as read with section 204 of the Penal Code.

2. The Offence was reduced to one of Manslaughter Contrary to section 202 as read with section 205 of the Penal Code following a plea bargain agreement signed by the Accused Person on 7/3/2022.

3. The particulars of the offence of Manslaughter were that on 28/9/2020 at Kaptalamwa Location in Soin/sigowetSub-County within Kericho County, the Accused Person unlawfully killed Jeremiah Kilpangat.

4. The facts of the case as given by the Prosecution Counsel were as follows:-On 28th day of September, 2020 at around 7:30 pm, Sarah Chepkirui arrived home at a place called Kaptalamwa Location within Kipsitet Area of Soin/Sigowet Sub-County, from a drinking spree, she went to the Kitchen to prepare super for her family.She was tipsy, at around 8 pm, her husband Jeremiah Kiplangat (deceased) arrived and went to the Kitchen and found her cutting vegetable using a Kitchen Knife, and he noticed that she had taken alcohol. He started to quarrel her over her habits of drinking alcohol which he had warned her severally.The deceased was so annoyed that he picked a stick and used it to assault the Accused repeatedly, in the same Kitchen were three of their children namely Joyce Cherono, Judith Chepkoech and Edmond Kipkemoi.Edmond Kipkemoi who is aged 7 years tried to intervene urging his father to stop beating his mother, but his efforts were unsuccessful, Joyce Cherono was sleeping since she was unwell.On seeing this Judith Chepkoech went out and ran to her grandmother’s house to inform her of what was happening in their home, she then went back home followed by her grandmother.Denis Kiprono Yegon, their other son whose house is about 7 meters from his parent’s house heard the commotion but did not bother since this has been the norm for his parents to quarrel.It is while the deceased was still assaulting the Accused who was holding the Knife she was using to cut the Vegetable that she stabbed him once on the right side of his chest.The deceased walked a short distance from the Kitchen and fell down.The grandmother found the deceased lying down still holding the stick in one hand and a torch on the other, she and the children raised alarm and a lot of people gathered.The deceased was rushed to Kericho County Referral Hospital but was pronounced dead on arrival, the body was transferred to the Mortuary of the same facility.On the 3rd day of October, 2020, a Postmortem was conducted on the body of the deceased by a doctor who formed the opinion that the cause of death was as a result of stab wound leading to sudden cardiac arrest and hypovolemic shock due to severe hemorrhage leading to death.Meanwhile the Accused was arrested and escorted to Kipsitet Police Station where she was charged with the offence of Murder Contrary to section 203 as read with section 204 of the Penal Code, which has now been reduced to Manslaughter Contrary to section 202 as read with section 205 of the Penal Code pursuant to this agreement.

5. The Defence Counsel gave mitigation on behalf of Accused Person. He said the Accused Person is remorseful for the offence she committed and further that she has had an opportunity to reform from her habit of drinking alcohol.

6. The Defence Counsel further said in Mitigation that the Accused Person has promised to be a law abiding citizen. She is a mother of Eight Children and one of them is of tender years.

7. The Learned Defence Counsel pleaded for a non-custodial Sentence to enable the Accused Person to take care of her children who need her care now that their father is no more.

8. The Probation Officer filed a Social Inquiry Report on 29/6/2022 detailing the family background of the Accused Person.

9. The Report states that the Accused Person is aged 46 years and at the time of the offence, she had returned to the matrimonial home after separation with the deceased but he refused to accept her in the matrimonial bed and they were living and cooking separately.

10. The Report further states that the family of the deceased still has animosity against the Accused Person and the environment at her home is not conducive for her being released on a non-custodial sentence.

11. This court has considered the Mitigation given on account of the Accused Person and also the Circumstances of this case.

12. The Accused Person killed her husband by stabbing him with a knife when they were fighting over her habit of coming home drunk and she blamed it on frustration.

13. The offence of Manslaughter is a very serious one and the Law prescribes a life imprisonment for the same.

14. I have considered the fact that the Accused Person pleaded guilty and saved the Court’s time for trial.

15. The Accused person has been in custody for two years since she was arrested. She has eight children who need parental care and I find that a non-custodial sentence is appropriate in the circumstances of this case.

16. The accused person is placed on probation sentence for a period of three years on condition that she complies with the requirements imposed by the probation officer.Right of Appeal against the sentence to the Court of appeal – 14 days (Explained).

DELIVERED, DATED AND SIGNED AT KERICHO THIS 7TH DAY OF OCTOBER, 2022. A. N. ONGERIJUDGE