[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
Case Brief
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vicoty Terer alias Judy Wahu
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea agreement.
- 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.
Full Case Text
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