[2020] KEHC 688 (KLR)
The court, after considering the pre-sentence report, the accused's guilty plea, his status as a first offender, his age, and his remorsefulness, determined that a custodial sentence of five years imprisonment was appropriate, notwithstanding the statutory maximum of life imprisonment for manslaughter. The court...
Source-derived case information.
- Citation
- [2020] KEHC 688 (KLR)
- Parties
- Respondent: Republic of Kenya; Defendant: Nicholas Kipkorir Kirui
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to five years imprisonment for manslaughter
- Judges
- REA Ougo
- Legal Topics
- Manslaughter, Sentencing Guidelines, Guilty Plea, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Respondent
Nicholas Kipkorir Kirui
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused who pleaded guilty to manslaughter.
Ratio Decidendi
The court, after considering the pre-sentence report, the accused's guilty plea, his status as a first offender, his age, and his remorsefulness, determined that a custodial sentence of five years imprisonment was appropriate, notwithstanding the statutory maximum of life imprisonment for manslaughter. The court exercised its discretion to impose a lesser sentence due to the mitigating circumstances presented.
Court Disposition
accused sentenced to five years imprisonment for manslaughter
Orders
- The accused Nicholas Kipkorir Kirui is sentenced to five years imprisonment.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.21 OF 2020
STATE.............................................................PROSECUTION
VERSUS
NICHOLAS KIPKORIR KIRUI...........................ACCUSED
SENTENCING
I have considered the pre-sentence report and the fact that the accused pleaded guilty to manslaughter. The law provides a sentence of life imprisonment for the offence of manslaughter. Bearing in mind the circumstances of the case, the age of the accused and the fact that he is a 1st offender and remorseful I sentence the accused person Nicholas Kipkorir Kirui to 5 five years imprisonment. He has a right of appeal within 14 days.
Dated, signedand delivered at KISIIthis 18th day of December 2020.
R.E. OUGO
JUDGE
In the presence of;
Mr. Kaba Present for Accused persons
Mr. Otieno Senior Prosecution Counsel Office of the DPP
Ms. Rael Court Assistant