Republic v Floridah Chepngeno Talam [2015] KEHC 4930 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO.19 OF 2012

REPUBLIC..........................................................................PROSECUTOR

VERSUS

FLORIDAH CHEPNGENO TALAM..........................................ACCUSED

RULING ON SENTENCE

The Accused who was initially charged with the offence of Murder was convicted of Manslaughter after a plea bargaining arrangement.

Its clear from the facts that the deceased was a victim of circumstances.  The person/persons whom the accused had targeted was her husband and/or his female companion.

She is a 1st offender and has children who require her presence for proper upbringing as her husband is a drunkard.

Besides the deceased's widow's opposition to a non-custodial sentence for the accused, the administration, and all those interviewed have no objection.  This is contained in the social inquiry report filed herein.

The accused has been in custody since March 2012, which is three (3) years.

Considering all the circumstances plus the period the accused has been in custody I find her suitable for a non-custodial sentence.

She will serve three (3) years on probation.

Conditions explained to her.

Dated, signed and delivered in open court this 15th day of May, 2015.

H.I.ONG'UDI

JUDGE

In the presence of

M/s Mwangi for State

Accused- present in person

Kipyegon- court assistant