Republic v Chepkorir [2025] KEHC 6442 (KLR)

Republic v Chepkorir (Criminal Case E023 of 2022) [2025] KEHC 6442 (KLR) (20 May 2025) (Judgment)

Neutral citation: [2025] KEHC 6442 (KLR)

Republic of Kenya

In the High Court at Bomet

Criminal Case E023 of 2022

JK Ng'arng'ar, J

May 20, 2025

Between

Republic

Prosecution

and

Vicky Chepkorir

Accused

Judgment

1. The Accused, Vicky Chepkorir 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 the 9th day of August, 2022 at Maembe Street in Bomet Town within Bomet County murdered Faith Mumo.

2. The Accused took plea on 21st September, 2022 where she pleaded not guilty to the charge of murder.

3. On 18th March, 2025, Mr. B. Kosgei advocate for the accused informed this court that he had filed a plea agreement.

4. The Plea-Bargaining Agreement dated 18th March, 2025, indicated that the Accused had agreed to plead guilty to the lesser offence of manslaughter.

5. On 18th March, 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 his trial rights.

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

7. The Facts as read by the Prosecutor and captured in the Plea Agreement are as follows:-“That on 9th August, 2022 the Goverment declared a public holiday for voting. At around 11. 00am the deceased Faith Mumo and the Accused were in a Bar situated at Bomet taking alcohol. They were joined by one Gibson he bought them several drinks.After a minute Gibson’s phone went missing. He checked from the ladies. The Accused shouted that Mumo should not be searched. Eventually it remained it is Faith who had the phone. He removed his phone and went away. A quarrel and fight ensued. Accused picked a knife in the premises and stabbed the deceased. The deceased was rushed to Tenwek hospital but passed on. The cause of death was the stab wound. Accused was arrested by public who wanted to lynch her. The police saved him. She was charged with murder but now reduced to manslaughter.

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

Pre-Sentence Report 9. A pre-sentence probation report dated 24th April, 2025 was filed following the court’s direction. The report stated that the Accused regretted circumstances under which she committed the offence and understood the gravity of the offence. She pleads for leniency adding that her family has forgiven her and is ready to turn a new leave in life. She requested for a non-custodial sentence.

10. The Probation Officer recommended the Accused was suitable for a non-custodial sentence on a probation order for a period of three (3) years.

11. In mitigation, the Accused submitted that she had changed and sought this court’s leniency in sentencing.

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 18/8/2022 on being arraigned to court.iii14 days right of appeal is granted.

Orders accordingly

JUDGEMENT AND SENTENCE DELIVERED, DATED AND SIGNED AT BOMET THIS 20TH MAY, 2025. .................................HON. JULIUS K. NG’ARNG’ARJUDGEJudgement and Sentence delivered in the presence of Mr. Njeru for the State and B.Kosgei for the Accused. Siele/Susan (Court Assistants).