[2023] KEHC 24770 (KLR)
The court found that, considering the accused's remorse, young age, first offender status, positive pre-sentence report, and the fact that he had already spent a year in custody, a non-custodial sentence was appropriate. The court gave weight to the probation officer's recommendation and the lack of community...
Source-derived case information.
- Citation
- [2023] KEHC 24770 (KLR)
- Parties
- Applicant: Republic; Defendant: Haron Kiplimo Too
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E025 of 2021
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- Accused sentenced to three years' probation under supervision.
- Judges
- JK Sergon
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation, Self Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Haron Kiplimo Too
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the mitigating factors, including the accused's age, remorse, and time spent in custody.
- 3 Whether the interests of justice and deterrence require a custodial sentence.
Ratio Decidendi
The court found that, considering the accused's remorse, young age, first offender status, positive pre-sentence report, and the fact that he had already spent a year in custody, a non-custodial sentence was appropriate. The court gave weight to the probation officer's recommendation and the lack of community hostility, determining that probation would best serve the interests of justice and rehabilitation. The court acknowledged the victim's family's call for a custodial sentence but concluded that the mitigating factors outweighed the need for further incarceration. Accordingly, the accused was sentenced to three years' probation under supervision, allowing him to continue his education...
Court Disposition
Accused sentenced to three years' probation under supervision.
Orders
- The accused, Haron Kiplimo Too, is sentenced to serve three years on probation under the supervision of the Kericho County Probation Officer.
Full Case Text
Judgment text and source record
25 paragraphs
Republic v Too (Criminal Case E025 of 2021) [2023] KEHC 24770 (KLR) (2 November 2023) (Sentence)
Neutral citation: [2023] KEHC 24770 (KLR)
Republic of Kenya
In the High Court at Kericho
Criminal Case E025 of 2021
JK Sergon, J
November 2, 2023
Between
Republic
Prosecutor
and
Haron Kiplimo Too
Accused
Sentence
1. The Accused Person herein Namely:- Haron Kiplimo Too is before this Court on the information of Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2. Pursuant to the Plea Agreement dated 4th July, 2023, the Accused pleaded guilty to the lesser charge of Manslaughter. It is stated that on the 30th day of December, 2020 at Chebirir Village in Kipsitet Location in Soin/Sigowet Sub-County within Kericho County, unlawfully killed Felix Kipngetich Langat.
3. Upon convicting the Accused, this court invited his Counsel to make submissions in mitigation. This Court also directed the Probation Officer, Kericho County to file a Pre-sentence Report to assist the Court in arriving at the appropriate sentence.
4. Mr. Kirui, Learned Advocate for the Accused urged this Court to be lenient to the Accused. The Learned Advocate pointed out that the Accused acted in self defence. He also stated that the Accused Person is remorseful and that the Accused’s family and that of the deceased have attempted to reconcile with little success.
5. However, the community is receptive to the Accused. The Learned Advocate also pointed out the Accused is a first offender.
6. In the Pre-sentence Report, the County Probation Officer stated that the Accused was a Form II Student at the time of arrest and that he resumed his studies after he was released on bond. It is said that the Accused relates very well with his teachers, students and the community members at large.
7. The probation Officer further stated that the Accused is remorseful and regrets committing the offence. This Court was urged to mete out a non-custodial sentence to enable the Accused pursue his studies to higher levels.
8. The victim’s family expressed themselves to the County Probation Officer and urged this Court to pronounce a custodial sentence to deter him and other from committing such an offence. The Probation Officer further stated that the Area Assistant Chief categorically stated that there is no hostility by the community toward the Accused.
9. Having taken into account the mitigating factors plus the Pre-sentence report by the County Probation Officer and the fact that the Accused was in custody for a whole year before being admitted to bail, I am of the view that a non-custodial sentence is the most appropriate.
10. Consequently, I hereby sentence the Accused Namely:- Haron Kiplimo Too to serve three (3) years on Probation under the supervision of the Kericho County Probation Officer.
DELIVERED, DATED AND SIGNED AT KERICHO THIS 2ND DAY OF NOVEMBER, 2023. J. K. SERGONJUDGEIn the presence of:-C/Assistant – RutohProsecutor – Mr. MusyokiConvict – Present in PersonKirui for the Accused Person