[2022] KEHC 2580 (KLR)
The court considered the nature of the offence, the circumstances under which it was committed, the accused's personal background, the period already served in custody, and the recommendations of the probation officer. The court found that the accused had already served a substantial period in custody and that the...
Source-derived case information.
- Citation
- [2022] KEHC 2580 (KLR)
- Parties
- Applicant: Republic; Defendant: Wesley Kipkurui Rono
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 62 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused placed on probation supervision for three years.
- Judges
- NA Matheka
- Legal Topics
- Manslaughter, Sentencing Principles, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wesley Kipkurui Rono
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter contrary to Section 202 as read with 205 of the Penal Code.
- 2 Whether the period already served in custody should be considered in sentencing.
- 3 Whether a non-custodial sentence is suitable in the circumstances.
Ratio Decidendi
The court considered the nature of the offence, the circumstances under which it was committed, the accused's personal background, the period already served in custody, and the recommendations of the probation officer. The court found that the accused had already served a substantial period in custody and that the families were undergoing reconciliation. The probation officer's recommendation for a non-custodial sentence was accepted, and the court determined that a probation order for three years was appropriate to facilitate rehabilitation and reconciliation, with the warning that breach of probation would result in imprisonment.
Court Disposition
Accused placed on probation supervision for three years.
Orders
- The accused person is placed on probation supervision for three years from the date of the order.
- The accused must abide by the probation order and avoid excessive consumption of alcohol.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NUMBER 62 OF 2015
REPUBLIC.........................................................PROSECUTION
VERSUS
WESLEY KIPKURUI RONO...................................ACCUSED
S E N T E N C E – R U L I N G
1. On 1st December 2021 the accused person Wesley Kipkurui Rono was found guilty and convicted of the offence of Manslaughter Contrary to Section 202 as read with 205 of the Penal Code for the unlawful killing of Isaac Cheruiyot Koskei on 2nd October 2015.
2. To assist me arrive at an appropriate sentence I sought a pre-Sentence Report from the Probation and After Care Services (PACS).
3. The report captures the social economic background of the accused, that he is the last born in a family of seven (7) siblings, he is married with three (3) children, though his wife left for her parent’s home.
4. The cause of this killing was a disagreement that arose in an alcohol drinking den.
5. The family of the victim have expressed the view that they are into a cleansing reconciliation process, hence there are no hard feelings against the accused person.
6. In his mitigation through Mr. Orege the court was told that accused was born on 2nd June 1992, aged twenty-nine (29) years old. The incident happened as he was defending himself, and he was truly remorseful.
7. The accused person has been in custody since 2015, a period of about seven (7) years.
8. Going by Section 333 (2) of the Criminal Procedure Code, it is evident that he has served sufficient custodial sentence. The Probation Officer recommends non -custodial sentence of three (3) years to enable the accused person and his family to settle with the family of the deceased, for him to bring together his family so as to prevent any inspiration to commit another offence.
9. I accept the recommendation by the Probation Officer, and order that the accused person be placed on probation supervision for three (3) years from the date hereof. During that period, he must abide by the probation order, and avoid excessive consumption of alcohol.
10. In the event of breach, he risks the revocation of the probation order and the imposition of an imprisonment sentence.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 4TH DAY OF FEBRUARY, 2022
MUMBUA T. MATHEKA
JUDGE
In the presence of:-
Court Assistant Edna
For state: Ms Murunga
For accused: Ms Mungai
Accused present