[2024] KEHC 7112 (KLR)
The court found that, although the offence was serious and resulted in the loss of life, the offender's youth, her status as a mother of a young child, her acceptance of responsibility through a plea bargain, and the risk of revenge from the deceased's family justified a non-custodial sentence. The court determined...
Source-derived case information.
- Citation
- [2024] KEHC 7112 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Ruth Bochere; Defendant: Dennis Karani
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E041 of 2023
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Offender placed on probation for 3 years: 1 year at Siaya Girls Probation Hostel, 2 years in the community.
- Judges
- TA Odera
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Ruth Bochere
Defendant
Dennis Karani
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the offender should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What factors should guide the court in determining the appropriate sentence for a young mother who pleaded guilty under a plea bargain agreement.
Ratio Decidendi
The court found that, although the offence was serious and resulted in the loss of life, the offender's youth, her status as a mother of a young child, her acceptance of responsibility through a plea bargain, and the risk of revenge from the deceased's family justified a non-custodial sentence. The court determined that a probation order, including a period in a probation hostel followed by community supervision, would serve the interests of justice by facilitating rehabilitation, protecting the offender from potential harm, and allowing her to acquire life skills for reintegration. The court also considered the time already spent in remand and the need to uphold the rights of the...
Court Disposition
Offender placed on probation for 3 years: 1 year at Siaya Girls Probation Hostel, 2 years in the community.
Orders
- The offender is placed on probation for 3 years: 1 year at Siaya Girls Probation Hostel and 2 years in the community.
- The offender to remain at Kisii Women Prison for 5 days pending logistics for transfer to Siaya Probation Hostel.
Full Case Text
Judgment text and source record
18 paragraphs
State v Bochere & another (Criminal Case E041 of 2023) [2024] KEHC 7112 (KLR) (5 June 2024) (Sentence)
Neutral citation: [2024] KEHC 7112 (KLR)
Republic of Kenya
In the High Court at Kisii
Criminal Case E041 of 2023
TA Odera, J
June 5, 2024
Between
State
Prosecution
and
Ruth Bochere
1st Accused
Dennis Karani
2nd Accused
Sentence
1Accused was initially charged with murder but she entered into a plea bargain agreement and the charges were reduced to manslaughter contrary to section 202 as read with 205 of the penal code. She pleaded guilty and the matter is now for sentencing. A pre-sentence report was filed on 5. 6.24 and I have perused it, I note that the offender is aged 19 and is a young mother of a tender 5-month old baby who was born while she was in custody. The child is not an offender and is entitled to his rights under Article 53 of the constitution. The deceased’s family is still bitter with her and had vowed to take unspecified action if she is released on a custodial sentence. They also indicated that the deceased left a young child who has been left without care. The local administration indicated that she has strong community ties. The circumstances of the offence were those of a love triangle as deceased was said to be having an affair with the former accused number 2 herein who was the husband to the offender. The offender confronted deceased and her said husband late at night in the house of the deceased and an argument ensued and the deceased drew a knife and threatened to stab the officer with it and the offender snatched it from her and stabbed her with it and she sustained fatal injuries. These actions of the offender must be condemned and not be tolerated. I agree with the probation officer that the totality of the circumstances of this case call for the offender to be temporarily removed from the sight of the community to avoid revenge from the family of deceased. There is also need for the offender to be rehabilitated and taught necessary life skills and training which will assist her to cope with life upon completion of her sentence. I have also taken into account the remand period the fact that she entered into a plea bargain agreement and saved the courts precious time and all the relevant factors. I proceed to place her on probation for 3 years out of which she will serve one year at Siaya Girls Probation Hostel and 2 years in the community.
T.A ODERAJUDGE6. 24Delivered Virtually in the presence of:The offender Miss Nyandoro for the offenderMr. Koima for prosecutionCourt Assistant: OigoAtinda: I request that she remains at Kisii women prison for 5 days as I organise for logistics of taking her to Siaya Probation Hostel.Order: granted.T.A ODERAJUDGE