Republic v Koskei [2023] KEHC 25315 (KLR)

Republic v Koskei (Criminal Case 23 of 2020) [2023] KEHC 25315 (KLR) (15 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25315 (KLR)

Republic of Kenya

In the High Court at Nakuru

Criminal Case 23 of 2020

HI Ong'udi, J

November 15, 2023

Between

Republic

State

and

Patrick Kipyegon Koskei

Accused

Sentence

1. The Accused, Patrick Kipyegon was first arraigned before this court on 28th May, 2020 charged with the offence of murder contrary to section 203 as read with section 204 of the Penal code. He denied the charge.

2. The prosecution and the accused entered into a successful plea-bargaining agreement which was presented to the court on 16th January, 2023 when the charge was reduced to Manslaughter contrary to section 202 as read with section 205 of the Penal code.

3. The charge was read out to the accused who admitted it. The facts were then stated and he admitted the same. He was thus convicted for the said offence of Manslaughter, on his own plea of guilty.

4. Section 205 of the Penal code provides for a sentence of life imprisonment for anyone convicted of Manslaughter.

5. The learned Prosecution counsel Mr. Kihara informed the court that the accused is not a first offender. He was convicted for the offence of stock theft and sentenced to one (1) year imprisonment in 2015. He added that this incident occurred when the accused was defending himself. Accused used to take alcohol.

6. Counsel for the accused Mr. Kairu Maina in mitigation submitted that the accused and deceased were meeting for reconciliation purposes when the incident occurred. That both the accused and the deceased were under the influence of alcohol. Relying on the case of Rep v Stanely Njau Kamau [2021] eKLR counsel urged the court to give the accused a three (3) year sentence.

7. A pre-sentencing report dated 19th June, 2023 was filed herein on the same date by the Probation office. From the said report the accused is shown to be 38 years of age and both his parents are alive. The accused and the deceased had cohabited as husband and wife, though the latter had two children from a previous relationship. It is clear from the report that the family of the accused has not taken any initiative towards reconciliation of the two families. It’s therefore not certain as to what the family of the deceased thinks, about the whole issue.

8. I have taken into account both submissions and the pre-sentencing report. The accused and deceased had had differences as a couple and were no longer staying together. They had no child between them. On the fateful day they allegedly met in order to facilitate a reconciliation. It’s not clear who was assisting them in this process as they were at a drinking den. The knife the deceased had carried for reasons best known to her is the one the accused used to injure her. This was very unfortunate.

9. The accused has shown remorse and accepted his wrong doing. He has been in remand custody since his first appearance in court on 26th May, 2020 which is approximately three (3) years plus five months. Taking this period into account and the fact that the community and the deceased’s family have not shown their readiness and willingness to receive the accused back I find a custodial sentence to be the best option.

10. Considering all the above, I hereby sentence the accused to four (4) years imprisonment from today’s date. I wish to make it clear that the period he has been in remand custody has been considered.

11. Orders accordingly.

DELIVERED, DATED AND SIGNED THIS 15TH DAY OF NOVEMBER, 2023 IN OPEN COURT AT NAKURU..................................H. I. ONG’UDIJUDGE