[2025] KEHC 4674 (KLR)
The court determined that, given the offender's age (17), first offender status, demonstrated remorse, family willingness to support rehabilitation, and the compensation already made to the victim's family, a custodial sentence would not serve the interests of justice or rehabilitation. The court relied on the...
Source-derived case information.
- Citation
- [2025] KEHC 4674 (KLR)
- Parties
- Applicant: Republic; Defendant: TK alias T
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E036 of 2024
- Procedural Posture
- Criminal Case / Ruling on Sentencing After Conviction on Plea of Guilty
- Outcome
- offender sentenced to three years probation under supervision
- Judges
- REA Ougo
- Legal Topics
- Manslaughter by Minor, Juvenile Sentencing, Probation Orders, Rehabilitation of Offenders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
TK alias T
Defendant
Procedural Posture
Criminal Case / Ruling on Sentencing After Conviction on Plea of Guilty
Legal Issues
- 1 Whether the offender, a minor, should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence for a first offender minor convicted of manslaughter under the Children’s Act and Judiciary Sentencing Guidelines.
Ratio Decidendi
The court determined that, given the offender's age (17), first offender status, demonstrated remorse, family willingness to support rehabilitation, and the compensation already made to the victim's family, a custodial sentence would not serve the interests of justice or rehabilitation. The court relied on the Children’s Act and Judiciary Sentencing Guidelines, which prioritize non-custodial measures for minors unless circumstances demand otherwise. The pre-sentence and age assessment reports confirmed the offender's suitability for probation. The court concluded that a three-year probation sentence, with mandatory counselling and rehabilitation under the supervision of a probation...
Court Disposition
offender sentenced to three years probation under supervision
Orders
- The offender is placed on probation under the supervision of the Probation Officer for three years.
- The offender shall attend institutional counselling and rehabilitation programmes as directed by the probation officer.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v TK alias T (Criminal Case E036 of 2024) [2025] KEHC 4674 (KLR) (10 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4674 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Case E036 of 2024
REA Ougo, J
April 10, 2025
Between
Republic
Prosecution
and
TK alias T
Subject
Ruling
1. T K alias T unlawfully caused the death of Sammy Kipsang. He pleaded guilty to the offence of manslaughter and was convicted. I sought a pre-sentence report on him.
2. T K alias T is a first offender and is 17 years old. The pre-sentence report indicates that the offender regrets his acts and appreciates the need to control his temper. His family is ready to participate in the subject’s rehabilitation process and has promised to support him. According to the victim’s family, they were psychologically and emotionally affected. They have been compensated.
3. The report indicates that the offender’s behavior was attributed to poor decision making associated with adolescence, which is accompanied by rash decisions. That he is remorseful for his actions and has learnt the need to control his anger and avoid negative peer influence. A non-custodial sentence is recommended. Probation sentence for 3 years.
4. The offender’s unwanted anger caused him to cause the death of the deceased. When the offender was first brought to court on the 19/8/2024, he was said to be 16 years old. The pre-sentence report dated 26. 3.2025 indicates he is 17 years old. His age assessment report as at 6. 8.2024 indicates his estimated age is 17 years old.
5. Considering the facts of this case, the Judiciary Guidelines on Sentencing and provisions of Section 239 (1) of the Children’s Act, which empowers this court to exercise several options and provides methods of dealing with children in conflict with the law, I hereby sentence the offender to a non-custodial sentence. He is placed on probation under the supervision of the Probation Officer for three (3) years on condition that he attends institutional counselling and rehabilitation programmes designed and facilitated by the probation officer. Should the offender commit another offence during the period of probation, the probation officer shall report the matter to the court when upon the court may enhance or alter the offender’s sentence.
DATED , SIGNED, AND DELIVERED AT BUNGOMA ON THIS 10TH DAY OF APRIL 2025. R.E OUGOJUDGEIn the presence of:Titus Kiprotich Alias Taito / OffenderMiss Chunge for the Offender - AbsentMiss Matere - For the StateWilkister - C/A