Republic v Kiprono [2023] KEHC 19653 (KLR)

Republic v Kiprono (Criminal Case E002 of 2021) [2023] KEHC 19653 (KLR) (5 July 2023) (Ruling)

Neutral citation: [2023] KEHC 19653 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case E002 of 2021

HK Chemitei, J

July 5, 2023

Between

Republic

Prosecution

and

Joseph Kipkurui Kiprono

Accused

Ruling

1. The accused herein was charged with the offence of murder which after plea bargain was reduced to manslaughter. The particulars of the offence were that on the December 31, 2020 at Huruma estate in Njoro sub county within Nakuru county unlawfully caused the death of Purity Mumbi Ngige.

2. The accused admitted the new charge when plea was taken and the facts as well.

3. The court directed that a pre-sentencing report be prepared which has been done and it is dated April 26, 2023.

4. In his mitigation the accused pleaded for leniency and said that he was remorseful. He said that he was a first offender. He had reconciled with the deceased family and that he was going to take care of the child left behind by the deceased. He said that he has since reformed and had left alcohol and abuse of drugs.

5. The learned state counsel left the matter to the court and that the accused was a first offender.

6. The court has perused the proceedings herein as well as the pre-sentencing report. It appears both the accused and the deceased abused alcohol and drugs and this led to the altercation that fateful day. There is no evidence of any other fight or criminality on the part of the accused.

7. Taking into consideration the mitigating factors aforestated, the accused is hereby sentence to serve a probation period of three (3) years from the date herein at a relevant probation office as shall be directed by the probation officer.

DATED SIGNED AND DELIVERED AT NAKURU VIA VIDEO LINK THIS 5THDAY OF JULY 2023. H. K. CHEMITEIJUDGE