[2025] KEHC 9921 (KLR)

[2025] KEHC 9921 (KLR)

The court accepted the plea agreement in which the accused pleaded guilty to manslaughter, having been satisfied that the plea was voluntary and informed. The court considered the circumstances of the offence, the accused's mitigation as a first offender and mother of three, and the objectives of sentencing as set out in the Sentencing Policy Guidelines. The court found that a custodial sentence was appropriate given the seriousness of the offence but took into account the mitigating factors and the accused's acceptance of responsibility. Accordingly, the court sentenced the accused to seven years' imprisonment, with the sentence to run from the date of plea taking.

Citation
[2025] KEHC 9921 (KLR)
Parties
Applicant: Republic; Defendant: Vicoty Terer alias Judy Wahu
Court
High Court
Court Station
High Court at Bomet
Jurisdiction
Kenya
Judgment Date
10 July 2025
Case Number
Criminal Case E018 of 2021
Procedural Posture
Criminal Case / Sentence
Outcome
convicted and sentenced
Judges
JK Ng'arng'ar
Legal Topics
Manslaughter, Plea Bargaining, Sentencing Guidelines, Mitigation, Penal Code Section 205
Source Language
English

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Parties

Republic

Applicant

Vicoty Terer alias Judy Wahu

Defendant

Procedural Posture

Criminal Case / Sentence

  1. 1 Whether the accused was guilty of manslaughter as per the plea agreement.
  2. 2 What is the appropriate sentence for the offence of manslaughter under the circumstances.

Ratio Decidendi

The court accepted the plea agreement in which the accused pleaded guilty to manslaughter, having been satisfied that the plea was voluntary and informed. The court considered the circumstances of the offence, the accused's mitigation as a first offender and mother of three, and the objectives of sentencing as set out in the Sentencing Policy Guidelines. The court found that a custodial sentence was appropriate given the seriousness of the offence but took into account the mitigating factors and the accused's acceptance of responsibility. Accordingly, the court sentenced the accused to seven years' imprisonment, with the sentence to run from the date of plea taking.

Court Disposition

convicted and sentenced

Orders

  • The accused is sentenced to serve 7 years imprisonment.
  • The sentence to run from the date of plea taking being 23/9/2021.