Republic v Langat [2023] KEHC 23744 (KLR)

Republic v Langat (Criminal Case E010 of 2022) [2023] KEHC 23744 (KLR) (17 October 2023) (Sentence)

Neutral citation: [2023] KEHC 23744 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case E010 of 2022

JK Sergon, J

October 17, 2023

Between

Republic

Prosecutor

and

Dennis Kiprono Langat

Accused

Sentence

1. Dennis Kiprono Langat the Accused herein, pursuant to a plea agreement was charged and convicted with the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that on June 17, 2022 at Tiriitab Moita Village Cheplanget Location, in Bureti Sub-County within Kericho County, the Accused unlawfully killed Victor Kibet Langat.

2. Upon convicting the accused for the aforesaid offence, this court directed the county Probation Officer to file a pre-sentence Report and also invited the Accused to make submissions in mitigation to guide the Court in determining the appropriate sentence to be meted out.

3. Mr. Morata Learned Counsel for the Accused, submitted that the Accused is remorseful for commission of the offence. He submitted that the accused acted under provocation, he was vexed because the deceased person called him uncircumcised. He further submitted that the family of the accused had initiated reconciliation with the family of the deceased and presented a copy of the minutes of the meeting held on June 24, 2022. He further submitted that the accused has been admitted to Bureti Technical Training Institute to pursue a course in artisan in masonry and presented a copy of the letter of admission. The Learned Counsel therefore urged the court to exercise leniency.

4. Mr. Musyoki Learned Assistant Director of Public Prosecutions maintained that the act of stabbing was unlawful and ended the life of the deceased prematurely.

5. This court also called for a pre-sentence report. I have considered the pre-sentencing report prepared and filed by the Kericho County – Probation Officer dated 8th August, 2023. In the aforesaid report it is noted that the accused enjoys quality relationship with his family members and that he related well with the deceased since childhood, the family was therefore astonished as to how the two ended up in a onetime quarrel which culminated to the loss of life. The accused does not drink alcoholic beverages or abuse any illegal substances. He has no previous criminal history.

6. The family of the offender regretted the circumstances under which the offender cut short the life of the deceased. The family and clan conducted the necessary rituals. The family therefore beseeched the court to exercise leniency during sentencing and were in favour of a non-custodial sentence. They were willing to assist in the rehabilitation of the accused.

7. The accused explained that on the material day they had a misunderstanding which culminated in a fight when he defended himself from a stabbing by his younger brother, upon realizing that he had stabbed his brother he reported the incident to the parents who were sleeping in the main house, the deceased bled excessively and was pronounced dead in hospital. The accused was remorseful for commission of the offence which led to the demise of his only sibling and brother.

8. The deceased is the offender's younger brother, the family stated that the two did not have any quarrel or disagreement prior to the incident. The two enjoyed a quality relationship both at home and in school.

9. The accused and his family were well known to the local administration. The local administration and community members were not opposed to a non-custodial sentence.

10. The county probation officer's findings were that the offender holds no history of criminality, related well with his family and community members and was remorseful and regrets his actions that led to the demise of his only sibling. The county probation officer therefore recommended that the accused be placed on a probation order and was a suitable candidate to benefit from regular guidance and counseling and other supportive programs while under probation supervision.

11. I have taken cognizance of the fact that the accused entered into a plea bargaining agreement and therefore saved the court's time for trial.

12. I have considered that the accused was arrested on June 18, 2022, he was subsequently released on bond on November 17, 2022 he was therefore in custody for a period of five (5) months.

13. Having considered the circumstances of the offence, submissions in mitigation and having further considered the pre-sentence report. I have also taken into account the period the Accused served in Custody. It is apparent that in the circumstances of this case that a non-custodial sentence not is appropriate. A short custodial sentence is appropriate.

14. Consequently, I hereby sentence the Accused namely: Dennis Kiprono Langat to serve 8 years imprisonment.

DATED, SIGNED AND DELIVERED THIS 17TH DAY OF OCTOBER, 2023J. K. SERGONJUDGE