[2016] KEHC 5753 (KLR)
The court found that the accused, Winny Chemutai, was provoked by the deceased, who initiated a physical altercation at the accused's place of work. The accused responded by stabbing the deceased with a kitchen knife, resulting in his death. The court accepted the plea agreement to the lesser charge of manslaughter,...
Source-derived case information.
- Citation
- [2016] KEHC 5753 (KLR)
- Parties
- Respondent: Republic; Applicant: Winny Chemutai
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2015
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted of manslaughter and sentenced to five years imprisonment
- Judges
- GO Shikwe
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Provocation, First Offender Treatment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Winny Chemutai
Applicant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be convicted of manslaughter instead of murder given the circumstances of provocation.
- 2 What is the appropriate sentence for the accused, considering her status as a first offender and the facts of the case.
Ratio Decidendi
The court found that the accused, Winny Chemutai, was provoked by the deceased, who initiated a physical altercation at the accused's place of work. The accused responded by stabbing the deceased with a kitchen knife, resulting in his death. The court accepted the plea agreement to the lesser charge of manslaughter, noting the presence of provocation and the accused's status as a first offender. The social inquiry report and the ongoing family tensions were considered as mitigating factors. Consequently, the court determined that a custodial sentence of five years imprisonment was appropriate, balancing the seriousness of the offence with the mitigating circumstances.
Court Disposition
convicted of manslaughter and sentenced to five years imprisonment
Orders
- The accused is sentenced to five (5) years imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 7 OF 2015
REPUBLIC..........................................................................RESPONDENT
VERSUS
WINNY CHEMUTAI................................................................APPLICANT
RULING ON SENTENCE.
The Accused had initially been charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. She later entered into a plea of agreement pursuant to Section 137 A & B of the Criminal Procedure Code and was convicted of the lesser offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
The offender as per the probation officer's report/ social inquiry is a 29 year old mother of two married as a second wife. The victim was a relative to her co-wife and there is still lingering resentments and bitterness between the two families. It is noted that the accused was treated as a first offender. The facts as presented by the prosecution are that on the 5th March, 2015 at 7. 00pm the deceased went to the accused place of work and started beating her. A crowd gathered but did not intervene. She then took a kitchen knife used for cutting vegetables and stabbed the deceased on the neck, he bled and collapsed later succumbing to the injuries while at Litein Mission Hospital. It's apparent that there was provocation.
The Accused is sentenced to five (5) years imprisonment.
DELIVERED, SIGNED AND DATED THIS 13TH DAY OF APRIL, 2016.
...…...............................
M. MUYA
JUDGE
In the presence of;
1. Mr. Lopokoyoit for the State
2. Mr. Mutai for the Accused
3. Kenei- court assistant