Republic v Jackson Kimeli Koech [2022] KEHC 2735 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CRIMINAL CASE NUMBER 28 OF 2018

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

VERSUS

JACKSON KIMELI KOECH.....................ACCUSED

RULING - SENTENCE

1. The accused person Jackson Kimeli Koech was convicted and sentenced of Manslaughter Contrary to Section 202 as read with 205 of the Penal Code.

2. Before sentencing him I asked for a pre-sentence report.

3. The state submitted that he was a first offender.

4. In mitigation, his counsel Ms. Chemng’etich told the court that the accused was indeed remorseful had paid the medical bills for the deceased, that he is forty-five (45) years old; the only child of his aged parents – sixty-eight (68) and seventy-four (74) years.

5. That it was clear from the prosecution witnesses that there was no bad blood between the families. She urged the court to take into consideration the period accused had spent in custody.

6. The Probation Officer’s Report is a reflection of the relationship that emerged out of the trial, that the accused came from a community that is communal, people help one another, men join each other to take alcohol, help a woman build a house and accept a drink as pay, and when one is in trouble or has a problem they still come together and assist one another. They do not like disputes that escalate to this formal system of justice, as is alien to them. This is evident from the fact that two (2) families got together to pay bills for the deceased in hospital, and to reconcile even before he died, and even after he died, they were continuing with their discussion. A community that recognizes that it is not always that causing a death will call for punishment, but for appeasing of the spirits. The report demonstrates that the family and the community await the return of the accused person.

7. The accused person regrets what happened and that excessive drinking led to the events that led to death of his cousin and close friend.

8. The offence of manslaughter bears a maximum sentence of life imprisonment. That is how seriously the law envisages the taking of another life even without the intention to do so. The sentencing guidelines require that we take into consideration the circumstances of the offence, the offender and the victim. Herein, the circumstances of the offence are such that there was no intention to kill the deceased. The victim’s family accepted the outcome of what happened though they miss their loved one.

9. The accused has been in custody since 12th June 2018, about four (4) years. The Probation Officer recommends three (3) years’ probation supervision. That would make a total of seven (7) years; four (4) in custody, three (3) in the community. The officer has unfortunately not indicated what he intends to do with the accused for the three (3) years. He has not indicated what treatment plan he has for the accused person to warrant a three (3) years probation supervision and it would only continue to delay the final determination of this case to ask for a further report. To the extent that the report does not set out what the accused person will be doing for three (3) years under Probation Supervision, and in light of the circumstances of the offence and the prevailing circumstances in the family and the community, three (3) years would be on the higher side.

10. I take into consideration the community’s attitude towards Alternative Dispute Resolution, which they take to without any prompting. The accused will be placed on probation supervision for eighteen (18) months to enable him settle back into the family and the community.

11. The additional condition to the probation order is that the accused is to avoid excessive consumption of alcohol.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 1ST DAY OF FEBRUARY 2022.

Mumbua T. Matheka

Judge

In the presence of;-

Court Assistant Edna

For state: Ms. Murunga

For accused: Ms. Chemng’etich

Accused: Present