Republic v Chepngetich [2023] KEHC 26668 (KLR)

Republic v Chepngetich (Criminal Case E044 of 2021) [2023] KEHC 26668 (KLR) (13 December 2023) (Sentence)

Neutral citation: [2023] KEHC 26668 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E044 of 2021

JK Sergon, J

December 13, 2023

Between

Republic

Prosecutor

and

Lilian Chepngetich alias Lily

Accused

Sentence

1. Lilian Chepngetich alias Lily, the Accused herein, pursuant to a plea agreement was charged and convicted with the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code cap 63 Laws of Kenya. The particulars of the offence are that on April 20, 2021 at Kipsitet Trading Center in Soin Sigowet Sub-County within Kericho County, the Accused unlawfully killed Francis Kipseigei Simatei.

2. Upon convicting the accused for the aforesaid offence, this court directed the county probation officer to file a pre-sentence Report and also invited the Accused to make submissions in mitigation to guide the Court in determining the appropriate sentence to be meted out.

3. Mr. Langat Learned Counsel for the Accused, did not submit in mitigation, however, he stated that he would rely on the contents of the pre-sentence report in mitigation.

4. Mr. Musyoki Learned Assistant Director of Public Prosecutions submitted that the accused had malice aforethought, she went to the deceased's place with a panga hidden in a leso, she subsequently used the panga to strike the deceased on the left side of the head.

5. This court also called for a pre-sentence report. I have considered the pre-sentencing report prepared and filed by the Kericho County – Probation Officer. In the aforesaid report it is noted that the accused is a single mother to five children, who are all attending school and the offender would rely on casual jobs and farming in order to fend for her children.

6. The deceased was the offender's stepfather and the offender had been having wrangles with her stepfather ever since he got married to her mother, the wrangles touched on land/properties which the offender was claiming belonged to her late father and therefore the offender was opposed to the deceased taking ownership over the said land/properties. The offender had developed a grudge against her stepfather and on the material day it culminated into a verbal confrontation which resulted in the offender killing her stepfather.

7. The family of the offender/deceased regretted the circumstances under which the offender cut short the life of the deceased, the family blamed the offender for being hot tempered/hostile towards her step father/siblings, she wanted a lion's share of the estate of her deceased father despite being apportioned with a share of the land. The entire clan/ family were therefore opposed to her release citing the fact that she was arrogant and was not remorseful for the events that transpired culminating into the demise of her stepfather.

8. The local administration in particular the Area Assistant Chief Mrs. Ann Kitur described the offender as an arrogant and a hot tempered individual who had failed to heed to advice of her clan members/ local administration to resolve the differences between her and her stepfather amicably. They were opposed to her release on a non-custodial sentence.

9. Following the findings of the social inquiry and assessment, the county probation officer noted that the offender was not welcome into the society/community and left the matter to this court to mete out an appropriate sentence.

10. I have taken cognizance of the fact that the accused entered into a plea bargaining agreement and therefore saved the court's time for trial.

11. I have considered that the accused was arrested on 24th May, 2021, arraigned in court on 8th June, 2021 and remanded in custody and had been in custody for a period of two (2) years, seven (7) months.

12. Having considered the circumstances of the offence, the submissions in mitigation and having further considered the pre-sentence report, it is apparent that in the circumstances of this case that a short custodial sentence is appropriate.

13. Consequently, I hereby sentence the Accused namely: Lilian Chepngetich alias Lily to serve 8 years imprisonment.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 13TH DAY OF DECEMBER 2023. J. K. SERGONJUDGEIn the presence of:Prosecutor – Mr. MusyokiConvict – Present in PersonMalel holding brief for Godwin Langat to Accused