[2014] KEHC 3364 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and shown remorse, did not intend to cause grievous harm or death. The offence occurred in the context of intoxication and a spontaneous altercation, with no evidence of premeditation. The accused was a first offender, had challenging family...
Source-derived case information.
- Citation
- [2014] KEHC 3364 (KLR)
- Parties
- Respondent: Republic; Defendant: Wesley Kiprono Kirui
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to three years probation under supervision; non-custodial sentence imposed.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Wesley Kiprono Kirui
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether mitigating factors justify leniency in sentencing.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and shown remorse, did not intend to cause grievous harm or death. The offence occurred in the context of intoxication and a spontaneous altercation, with no evidence of premeditation. The accused was a first offender, had challenging family circumstances, and efforts at reconciliation and compensation under customary law were underway. Considering these mitigating factors, the court determined that a non-custodial sentence was appropriate to facilitate rehabilitation and community reintegration, and ordered the accused to serve three years on probation under supervision.
Court Disposition
Accused sentenced to three years probation under supervision; non-custodial sentence imposed.
Orders
- The accused is released from custody to serve three years probation under the supervision of the Probation Officer, Kericho County.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.24 OF 2013
REPUBLIC - PROSECUTOR
VERSUS
WESLEY KIPRONO KIRUI - Accused
SENTENCE
Wesley Kiprono Kirui, hereinafter referred to as the accused was initially arraigned before this court to face a charge of Murder contrary to Section 202 as read with Section 204 of the Penal Code. However, pursuant to the plea agreement dated 23rd June 2014, the accused instead pleaded guilty to the lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The particulars of the offence are that on 6th June 2013, at Honbil Bar at Soymet Trading Centre within Bomet County, the accused killed Joseph Kipkurui Chepkwony. In order for this court to pronounce the appropriate sentence, the court invited the prosecution to give the accused’s history of previous criminal record if any. This court further invited the accused’s advocate to submit in mitigation and also called for the filing of a probation report. Miss. Kivali, learned prosecution counsel urged this court to treat the accused as a first offender, since she did not have the accused past criminal record.
On his part, Mr. Ong’anyi, learned advocate for the accused, urged this court to be lenient to the accused arguing that the accused was remorseful who committed the offence under the influence of alcohol. Mr. Ong’anyi further pointed out that the accused’s father passed away long time ago leaving him under the care of his aging mother. In the probation report it is clearly indicated that the accused is the second born in a family of six siblings. Two of his sisters are married while one brother died in a grisly road accident in April this year. The accused is also married with two children. He used to provide his young family using proceeds from his employment as a casual labourer. It is said the accused’s wife left the matrimonial home upon his incarceration. I have carefully considered all the relevant factors. It is not in dispute that the offence was committed inside Hornbill Bar after the deceased and the accused had taken some alcoholic drinks. It would appear the deceased stood up and started dancing in front of a T.V screen thus blocking the accused from viewing. The accused pushed the deceased and in the process he fell down and got injured. He fell down and became unconscious. It is apparent from the facts outlined by the prosecution that the accused did not intend to cause grievous harm nor kill the deceased. This court has also been told that the process of reconciliation and compensation under the Kipsigis Customs has started and will be expedited if the accused is given a non-custodial sentence. I am convinced that the most appropriate sentence should be non-custodial. I hereby order that the accused be released from custody to serve 3 years Probation under the supervision of the Probation Officer, Kericho County.
Dated, signed and delivered in open court this 24th day of July 2014.
J. K. SERGON
JUDGE
In the presence of:
Miss. Kivali for Director of Public Prosecutions
Mr. Ong’anyi for Accused