[2014] KEHC 3381 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and being a first offender who demonstrated genuine remorse, was suitable for a non-custodial sentence. The reconciliation between the accused's and the victim's families, the ongoing customary rites, and the need for the accused to care for his...
Source-derived case information.
- Citation
- [2014] KEHC 3381 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Kiprono Tonui alias Pastor
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 9 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to three years probation under supervision; released from custody.
- 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
Stephen Kiprono Tonui alias Pastor
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the process of reconciliation and reintegration under customary law should influence sentencing.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and being a first offender who demonstrated genuine remorse, was suitable for a non-custodial sentence. The reconciliation between the accused's and the victim's families, the ongoing customary rites, and the need for the accused to care for his young children were significant mitigating factors. The Probation Report confirmed the accused's positive standing in the community and the appropriateness of probation. The court concluded that a non-custodial sentence would best serve the interests of justice, rehabilitation, and the welfare of the children, and thus ordered the accused to serve three years probation under...
Court Disposition
Accused sentenced to three years probation under supervision; released from custody.
Orders
- The accused is ordered to serve three years probation under the supervision of the Probation Officer, Kericho County.
- The accused is set free from custody.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 9 OF 2012
REPUBLIC.........................................................PROSECUTOR
VERSUS
STEPHEN KIPRONO TONUI alias PASTOR............ ACCUSED
SENTENCE
STEPHEN KIPRONO TONUI alias Pastor pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code pursuant to the plea agreement dated 28/05/2014 instead of undergoing a trial for the offence of murder. The particulars of the offence are that on 24th February 2012 at Kabitungu Village in Bureti District of Kericho County the accused killed EDNA CHEPKEMOI.
This court invited the representative of the office of the Director of Public Prosecutions and the Defence Counsel to make their submissions. This court further requested for a Probation Report to be filed before pronouncing the appropriate sentence. Miss. Kivali, learned Prosecution Counsel urged this court to treat the accused as a first offender since the prosecution did not have the accused's past criminal record. Mr. Kirui, learned advocate for the accused beseeched this court to be lenient to the accused by pronouncing a non-custodial sentence. This court was informed that the accused is very remorseful and that he regrets having killed his wife who left behind three young children. Those children are all in nursery school save for the first born who is now in Class II. Mr. Kirui further informed this court that the process of reconciliation, compensation and reintegration under the Kipsigis Customs and rites has begun. In the pre-bail report, the Probation Officer, Kericho County, indicated in his report that the accused who is aged 31 years was a well respected member of the community. The Probation Report further shows that the customary cleansing can only be complete when the accused is out. This assertion has now been confirmed that the accused was released on bond pending trial. I have carefully considered all the relevant factors. There is no doubt that the accused is a first offender and he is remorseful. The accused's family and that of the victim appear to have reconciled and forgiven the accused. The home environment is therefore receptive and conducive for the accused's process of reintegration. I am convinced that the most appropriate sentence should be non-custodial. This will enable the accused to give parental guidance and support to the young children who were left under the care of the accused's sickly mother. The accused is hereby ordered set free to serve three years probation under the supervision of the Probation Officer, Kericho County.
Dated, Signed and delivered in open court this 24th day of July, 2014.
J.K.SERGON
JUDGE
In the presence of
Miss. Kivali for the Office of Director of Public Prosecutions
N/A Kirui for Accused