Republic v Gechure [2022] KEHC 15831 (KLR)

Republic v Gechure (Criminal Case 6 of 2018) [2022] KEHC 15831 (KLR) (11 November 2022) (Sentence)

Neutral citation: [2022] KEHC 15831 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 6 of 2018

AN Ongeri, J

November 11, 2022

Between

Republic

Prosecutor

and

Walter Nyaribo Gechure

Accused

Sentence

1. The Accused Person was initially charged with Murder Contrary to Section 203 as read with Section 204 of the Penal code.

2. The charges was reduced to one of Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code following a plea bargain agreement signed by the Accused Person on 27/09/2021.

3. The particulars of the charge were that on October 18, 2016 at Samugetvillage in Litein Location, Bureti Sub-County within Kericho County, the Accused Person unlawfully killed Daisy Chebet.

4. The facts of the case were as follows:-On the 17th day of October, 2016, the Accused was at the drinking den when he saw the Deceased. He then proceeded to order his own drink without bothering the deceased. However, the deceased approached the Accused but he ignored her.Upon paying for the said drink, the Accused decided to go back to the house. While on his way back, he realized that the deceased had been following him from behind. He then stopped and confronted the deceased. Consequently, the deceased informed him that she was only going back to the house to collect her clothing.When they arrived at the house, the deceased informed the Accused that she was not going to leave at that moment because she was very hungry. Upon taking her sentiments into consideration, the Accused allowed the deceased to cook and subsequently they decided to eat together. Later on, the Accused fell asleep since he was very drunk.When the Accused woke up at around 4 am on the 18th day of October, 2016, he realized that the deceased was still in the house and she had not left. He quickly checked whether the money he had kept in the house was still there. He was shocked to find out that Kshs.2,500/= was missing.He angrily asked the deceased about the said money. But the deceased declined to tell him where the said money was. Consequently, a fight escalated between the two.When the fight intensified, the deceased got hold of Accused’s private parts while the Accused got hold of the deceased’s neck and consequently strangling her to death.When the Accused realized that the deceased was breathless, he quickly walked out of the house and closed the door. He then threw the keys to the house into the nearby bushes and swiftly ran away.On the 20th day of October, 2016, the neighbours were disturbed by the foul smell that was coming from the Accused’s house. This prompted them to call the police. When the police arrived, they found that the house had been locked from outside and decided to gain a forceful entry.Upon gaining the entry, the found the body of the deceased placed on a mattress that was lying on the floor. Later, they moved the body of the deceased to Kapkatet Hospital.On the 26th day of October, 2016, a post mortem was done on the body of the deceased where it was established that the deceased died as a result of strangulation.On the 13th day of March, 2018, the Accused was arrested and taken to Kericho Police Station.On the 15th day of March, 2018 a mental assessment that was done established that the Accused was fit to stand for trial.Consequently, he was taken to Court and officially charged with the offence of Murder Contrary to Section 203 as read together with Section 204 of the Penal Code.The said charges have now been reduced to the offence of Manslaughter Contrary to Section 202 as read together with Section 205 of the Penal Code.

5. The Defence Counsel said in his mitigation that the Accused Person is remorseful for the offence he committed and further that he has reformed.

6. The Defence Counsel further said that the families of the Accused and the deceased had been interviewed and their sentiments captured in a pre-sentence Report filed in court on October 18, 2022.

7. The Report states that the Accused Person is aged 38 years and further that he used to abuse alcohol and drugs prior to the incident.

8. The offence of Manslaughter is a serious one and calls for life imprisonment.

9. The Court has taken into account the mitigating circumstances in this case.

10. The Accused Person is sentenced to five (5) years imprisonment.

11. The sentence to start running from 15/3/2018 when the Accused was first arraigned in Court.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 11TH DAY OF NOVEMBER, 2022A. N. ONGERIJUDGE