Republic v Kiplangat [2023] KEHC 18812 (KLR)

Republic v Kiplangat (Criminal Case E026 of 2021) [2023] KEHC 18812 (KLR) (15 June 2023) (Sentence)

Neutral citation: [2023] KEHC 18812 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E026 of 2021

JK Sergon, J

June 15, 2023

Between

Republic

Prosecutor

and

Robert Kirui Kiplangat

Accused

Sentence

1. The accused person herein namely:- Robert Kirui Kiplangat was initially charged with the offence of murder contrary to section 203 as read with 204 of the Penal Code.

2. However, pursuant to a plea agreement executed on May 16, 2023, the accused pleaded guilty to offence of manslaughter contrary to section 205 of thePenal Code.

3. The particulars of the offence are that on the January 3, 2021 at Blue Hills village in Kipchorian location within Kipkelion West sub-county within Kericho county, unlawfully killed Agnes Kirui Chepngetich.

4. Upon convicting the accused, this court called for the pre-sentence report and also invited the accused to present his mitigation.

5. I have taken into account the fact that the accused has been in custody for 2 years four months. I have also noted that the accused is remorseful. I have further considered the circumstances obtaining at the time of the commission of the offence.

6. It is apparent that the accused and the deceased have had domestic quarrels for many years.

7. In the pre-sentence report, it is indicated that the accused is a first offender and he is blessed with six (6) children.

8. Having considered the aforesaid mitigating factors and the pre-sentence report, I am convinced that the most appropriate sentence should be a short custodial sentence. The period he will serve I prison will enable reflect on his past and the future.

9. I hereby sentence the accused namely: Robert Kirui Kiplangat to serve three (3) years imprisonment.

SIGNED, DATED AND DELIVERED THIS 15TH DAY OF JUNE, 2023. .......................................J.K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – Mr. MusyokiNo appearance for Morata for the AccusedAccused Person present in Person