Republic v Langat [2025] KEHC 3380 (KLR)

Republic v Langat (Criminal Case E016 of 2021) [2025] KEHC 3380 (KLR) (20 March 2025) (Judgment)

Neutral citation: [2025] KEHC 3380 (KLR)

Republic of Kenya

In the High Court at Bomet

Criminal Case E016 of 2021

JK Ng'arng'ar, J

March 20, 2025

Between

Republic

Prosecution

and

Sharon Chebet Langat

Accused

Judgment

1. The Accused, Sharon Chebet Langat was charged with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. The particulars of the offence were that on the 22nd August, 2021 at Chemaner, Village, in Chemaner Location, within Bomet East Sub-County she murdered Emmanuel Kipkorir.

2. The Accused took plea on 12th October 2021 where she pleaded not guilty to the charge of murder.

3. The Plea Bargaining Agreement dated 22nd January, 2025 indicated that the Accused had agreed to plead guilty to the lesser offence of manslaughter.

4. On 23rd January, 2025 this court accepted the Plea Agreement after interviewing the Accused and satisfying itself that she executed the Plea Agreement voluntarily and that she understood her trial rights.

5. On the same day (23rd January, 2025), the Accused took plea for the offence of manslaughter. The charge and every element thereof was read and explained to her in the Kipsigis language which she understood and she pleaded guilty. The court entered a plea of guilty for the offence of manslaughter.

6. The Facts as read by the Prosecutor and captured in the Plea Agreement are as follows:-“On the 22nd day of August 2021, the accused one Sharon Chebet Langat left her home (where she is married) with her two children namely; Dancan Cheruiyot and Emmaniel Kipkorir ( now deceased).At around 8. 00 p.m. while heading to her biological parents with the children, she went to a nearby bore hole and threw her two children (Dancan Cheruiyot and Emmanuel Kipkorir) into the bore hole.The children were later rescued by passerby and rushed to Chemaner health centre. Emmanuel Kipkorir passed on while receiving treatment. Dancan Cheruiyot the first son was treated and discharged.The postmortem report was done and the pathologist made an opinion that the cause of death was cardiopulmonary arrest due to drowning.The prosecution and the investigation team accept that:i.The accused person is the biological mother of the deceased.ii.That in the accused’s confession, she admits that her action was triggered by her husband.iii.That, her husband (Geoffrey Langat) kept on abusing her of an action of getting a child (Dancan Cheruiyot) out of their marriage.iv.That indeed the accused confirms that she did the action due to frustrations from her husband’s family.v.That the two families have reconciled and forgiven the accused person.

7. The Accused accepted the facts as true and was convicted on his own guilty plea for the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.

Pre-Sentence Report 8. A pre-sentence probation report dated 19th February 2025 was filed following the court’s direction. The report stated that the Accused is remorseful and is pleading for leniency her actions are a source of deep regret she has sought forgiveness from her family.

9. The Probation Officer recommended that the Accused be considered for a non-custodial sentence on a probation order for a period of three years.

Accused’s Mitigation 10. The accused is very remorseful and has evidently not even had time to grieve her deceased son. She is a first offender and has been in custody for just over three (3) years and five (5) months now and both her family and that of her husband have reconciled. She prays for a non-custodial sentence.

11. Sentencing serves multiple purposes as enumerated in the Sentencing Policy Guidelines 2023 which outline the objectives of sentencing at paragraph 1. 3.1 as follows:-Sentences are imposed to meet the following objectives. There will be instances in which the objectives may conflict with each other- in so far as possible, sentences imposed should be geared towards meeting the objectives in totality.i.Retribution.ii.Deterrence.iii.Rehabilitation.iv.Restorative justice.v.Community Protection.vi.Denunciation.vii.Reconciliation.viii.Reintegration.

12. The penal section for the offence of manslaughter is contained in section 205 of the Penal Code which provides:-Any person who commits the felony of manslaughter is liable to imprisonment for life.

13. In the final analysis, having considered the circumstances of the case, the Accused’s Mitigation, the Pre-Sentence Report, the Victim Impact Statement and the applicable Law, I make the following orders: -i.The accused is sentenced to serve 7 years’ imprisonment.ii.The sentence to run from the date of plea taking being 12th October, 2021. iii.14 days right of appeal is granted.Orders accordingly

SENTENCE DELIVERED, DATED AND SIGNED AT BOMET THIS 20TH DAY OF MARCH, 2025. .................................HON. JULIUS K. NG’ARNG’ARJUDGESentence delivered in the presence of Ayekha, for the State, Mugumya for the Accused and Siele/Susan (Court Assistant).