Republic v Chepkorir [2025] KEHC 3373 (KLR)

Republic v Chepkorir (Criminal Case E004 of 2024) [2025] KEHC 3373 (KLR) (20 March 2025) (Sentence)

Neutral citation: [2025] KEHC 3373 (KLR)

Republic of Kenya

In the High Court at Bomet

Criminal Case E004 of 2024

JK Ng'arng'ar, J

March 20, 2025

Between

Republic

Prosecution

and

Ronies Chepkorir

Accused

Sentence

1. The Accused, Gilbert Koskei was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on 27th November, 2023 at Cheptebe Village, Kapkelei Location, Sotik Sub County within Bomet County murdered Amon Kiptoo.

2. The Accused took plea on 21st May, 2024 where she pleaded not guilty to the charge of murder.

3. On 16th October, 2024, the Accused informed this court that she wished to plea bargain with the State. The Plea Bargaining Agreement dated 6th November, 2024 indicated that the Accused had agreed to plead guilty to the lesser offence of manslaughter.

4. On 22nd January, 2025, this court accepted the Plea Agreement after interviewing the Accused and satisfying itself that she executed the Plea Agreement voluntarily and that she understood her trial rights.

5. On 18th February, 2025 the Accused took plea for the offence of manslaughter. The charge and every element thereof was read and explained to her in the Kipsigis language which she understood and she pleaded guilty. The court entered a plea of guilty for the offence of manslaughter.

6. The Facts as read by the Prosecutor and captured in the Plea Agreement are as follows:-“The accused person Ronnies Chepkorir was accused of the offence of murder that on 27th November, 2023 she murdered Amon Kiptoo.The accused person took her son the late Amon Kiptoo from her home on 27th November, 2023 and when she was finally found on 10th January, 2024 she did not have the child with her which led to the mother of the accused person reporting the matter to Kapkele police post where the accused person confessed to strangling her child on 27th November, 2023 at around 0300 hours and placing his body in the hole in the napier grass plantation next to her home.”

7. The Accused accepted the facts as true and was convicted on her own guilty plea for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.

Pre-Sentence Report 8. A pre-sentence probation report dated 12th March 2025 was filed following the court’s direction. The report stated that the Accused regretted committing the offence and understood the gravity of the offence. She prayed that this court gives her a chance to go and take good care of her other child.

9. The report further stated that the local community were surprised when she was charged as she had been an upstanding member of the society.

10. The Probation Officer recommended the Accused was suitable for a probation sentence of three years.

11. In mitigation, the Accused submitted that she had changed and sought this court’s leniency in sentencing. She further submitted that she relied on the pre-sentence report.

12. Sentencing serves multiple purposes as enumerated in the Sentencing Policy Guidelines 2023 which outline the objectives of sentencing at paragraph 1. 3.1 as follows:-Sentences are imposed to meet the following objectives. There will be instances in which the objectives may conflict with each other- in so far as possible, sentences imposed should be geared towards meeting the objectives in totality.i.Retribution.ii.Deterrence.iii.Rehabilitation.iv.Restorative justice.v.Community Protection.vi.Denunciation.vii.Reconciliation.viii.Reintegration.

13. The penal section for the offence of manslaughter is contained in section 205 of the Penal Code which provides:-Any person who commits the felony of manslaughter is liable to imprisonment for life.

14. In the final analysis, having considered the circumstances of the case, the Accused’s Mitigation, the Pre-Sentence Report, the Victim Impact Statement and the applicable Law, I make the following orders: -i. The accused is sentenced to serve 5 years’ imprisonment.ii. The sentence to run from the date of plea taking being 21st May, 2024. iii. 14 days right of appeal is granted.Orders accordingly

SENTENCE DELIVERED, DATED AND SIGNED AT BOMET THIS 20TH DAY OF MARCH, 2025. .................................HON. JULIUS K. NG’ARNG’ARJUDGESentence delivered in the presence of Ayieka for the State, Ms. Chemutai for the Accused and Siele/Susan (Court Assistants).