[2022] KEHC 10533 (KLR)

Republic v Terer & 2 others (Criminal Case 7 of 2020) [2022] KEHC 10533 (KLR) (17 June 2022) (Sentence)

Neutral citation: [2022] KEHC 10533 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 7 of 2020

AN Ongeri, J

June 17, 2022

Between

Republic

Prosecutor

and

Wilson Terer

1st Accused

Vicky Cheptoo

2nd Accused

Sarah Cherono Chelogoi

3rd Accused

Sentence

1. The three Accused Persons in this case Wilson Terer, Vicky Cheptoo And Sarah Cherono Chelogoi (hereafter referred to the Accused Persons) were jointly charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. The charge was subsequently reduced to one of Manslaughter following a plea bargain agreement signed by the Accused Persons on 10/12/2021.

3. The particulars of the charge were that on 10/3/2020 at Ainamoi Sub-Location in Kericho County, the three Accused Persons jointly unlawfully caused the death of Nahashon Kipyegon.

4. The facts of the case were as follows:-On the 10th day of March, 2020 at around 1600hrs, the deceased went to visit his former wife Vicky Cheptoo (the 2nd Accused Person) at her parental home while carrying stones on his hands. When he arrived, he found the 2nd Accused in the house sitting on the bed.A bitter argument ensued between the two. As it intensified, the deceased began to hit the 2nd Accused on the head using the said stones. However, the 2nd Accused struggled and managed to push the deceased outside the house and then locked herself inside the house so that the deceased could not gain an entry to continue attacking her.While in the house, the 2nd Accused started screaming for help and accordingly Wilson Terer, the 1st Accused Person, rushed towards her rescue. When the deceased saw him, he tried to escape but he 1st Accused ran after him. He then threw and aimed a panga that he was carrying, at the deceased but missed him.Finally, he managed to get hold of the deceased by the neck and wrestled him to the ground. While on the ground, the 1st Accused continued to strangle the deceased. Later, the 2nd Accused got out of the house and joined the 1st Accused in fighting the deceased.While still on the ground and being strangled by the 1st Accused, the 2nd Accused took a stone and used it to hit the deceased severally on the head and the chest. She also used a broken bottle of alcohol to cut the deceased on the check causing him to bleed.The 3rd Accused Person, Sarah Cherono Chelogoi, joined them in beating up the deceased. She took an iron bar that was used for blowing fire and used it to hit the deceased on the head and on the knees.When the deceased was finally overpowered and bleeding heavily, the 1st Accused pulled him towards the 3rd Accused’s compound and left him there and went into hiding. Later, the deceased succumbed to the injuries and died.This prompted the 2nd Accused Person to go into hiding in a coffee plantation to avoid being lynched by the members of the public. The 3rd Accused Person also went into hiding in the tea plantation to avoid being lynched by the members of the public.Later, one Mr. Richard reported the said matter to Ainamoi Police Post whereby the Police Officers from Nyagacho Police Station visited the scene. They processed the scene and later moved the body of the deceased to Kericho Referral Hospital Mortuary for a Post Mortem.On the 11th day of March, 2020, the 1st, the 2nd and 3rd Accused Persons were arrested and booked at Nyagacho Police Post.On the 11th day of October, 2020, Dr. K. R. Koech performed a post mortem on the body of the deceased and formed an opinion that the cause of death was strangulation with a blunt trauma to anterior neck with hydroid thyroid and tracheal fracture and rapture.On the 14th day of March, 2020, the Police Officers visited the scene for the second time and recovered; a grey skirt; a white and black t-shirt which had blood strains and an iron bar which were booked as exhibits and submitted to the Government analyst.Upon completing the necessary investigations, charges of murder contrary to Section 203 as read together with Section 204 of the Penal Code were preferred against the Accused. The said charges were reduced to the offence of manslaughter Contrary to Section 202 as read together with Section 205 of the Penal Code.

5. The Probation Officer filed Social Inquiry Reports in respect of the three Accused Persons. The Reports state that the Accused Person belong to one family. The 3rd Accused is the mother of Accused 1 and Accused 2 and the deceased was the estranged husband to Accused 2.

6. The Reports also state that the three Accused Persons regret the incident and further that they are willing to initiate a cleansing ceremony.

7. I have considered the mitigating circumstances in this case. I have also taken into account the fact that the Accused Persons pleaded guilty and saved the Court time for trial.

8. The offence of Manslaughter is a very serious one and it calls for a sentence of life imprisonment.

9. The 1st and 2nd Accused Persons attacked the Deceased after he came to their home where he assaulted the Accused 2 who was his estranged wife. They ought to have taken him to the Police Station.

10. The two Accused Persons were joined by Accused 3 who is their mother at the tail end of the incident after they had strangled the Deceased. Accused 3 hit the Deceased on the legs. The Doctor said the Deceased died of a broken neck.

11. I sentence Accused 1 and Accused 2 to five years Imprisonment each.

12. Accused 3 who is the mother of Accused 1 and Accused 2 ought to have told Accused 1 and Accused 2 to take the Deceased to the Police Station instead of killing him. Instead, she also took a stick and hit the unconscious man on his legs.

13. I sentence Accused 3 to three years’ Probation Sentence.

14. The County Probation Officer to organize Counselling Sessions for Accused 3 to reintegrate her back to Society.

15. Accused 1 and Accused 2 to serve Five (5) years Imprisonment. The sentences to start running from 23/3/2020 when the Accused Persons were first arraigned in Court.Right of Appeal against Sentence (14 days) Explained.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 17TH DAY OF JUNE, 2022A. N. ONGERIJUDGE