[2014] KEHC 984 (KLR)
The court found that the accused, though young, engaged in reckless conduct after consuming alcohol, resulting in the death of the deceased, who was not the aggressor. The court considered the plea bargain, the period already spent in custody (about one year), and the mitigation factors in the Social Inquiry report....
Source-derived case information.
- Citation
- [2014] KEHC 984 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilberforce Kimutai Koech; Defendant: Hillary Kipkurui Langat; Defendant: Cornelius Kipyegon Rono
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Each accused sentenced to four years imprisonment for manslaughter.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wilberforce Kimutai Koech
Defendant
Hillary Kipkurui Langat
Defendant
Cornelius Kipyegon Rono
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused persons should be sentenced for manslaughter after plea bargain.
- 2 What is the appropriate sentence considering the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, though young, engaged in reckless conduct after consuming alcohol, resulting in the death of the deceased, who was not the aggressor. The court considered the plea bargain, the period already spent in custody (about one year), and the mitigation factors in the Social Inquiry report. Balancing these factors, the court determined that a custodial sentence was warranted to reflect the seriousness of the offence and deter similar conduct. Each accused was therefore sentenced to four years imprisonment for manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
Court Disposition
Each accused sentenced to four years imprisonment for manslaughter.
Orders
- Each accused is sentenced to four years imprisonment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 53 OF 2013
REPUBLIC……………………………………………PROSECUTOR
VERSUS
WILBERFORCE KIMUTAI KOECH……………….1ST ACCUSED
HILLARY KIPKURUI LANGAT……………………..2ND ACCUSED
CORNELIUS KIPYEGON RONO…………………..3RD ACCUSED
RULING ON SENTENCE
All the 3 accused persons were initially charged with the offence of murder which was later reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code, after a plea bargain.
The circumstances leading to the commission of this offence are clear from the facts. There is no indication that the deceased was the aggressor. Though the accused are young their reckless conduct after taking alcohol was uncalled for and will not be tolerated.
They have been in custody for about one year.
I have taken this into account together with the issues raised in the Social Inquiry report.
Each accused is sentenced to four(4) years imprisonment
Dated, signed and delivered this 19th day of December, 2014
H.I. ONG’UDI
JUDGE
In the presence of:
M/s Njenga for State
Mr. Ong’anyi for accused
Lagat, Court Assistant
Accused; present in person
Interpretation; Eng/Kipsigis