Republic v Peter Kiprotich Chelogoi [2020] KEHC 1180 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE  NO.11 OF 2020

VERSUS

REPUBLIC..................................................................RESPONDENT

VERSUS

PETER KIPROTICH CHELOGOI..................................ACCUSED

JUDGMENT

1. The Accused Person in this case PETER KIPROTICH CHELOGOI pleaded guilty to the charge of manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code following a successful plea bargain agreement signed on 27/10/2020.

2. The particulars of the charge were that on 28/5/2020 at Chebewor Village, Kedowa Location in Londiani Sub-County within Kericho County, the Accused Person unlawfully killed Charles Kiplangat Chelogoi.

3. The fact of the case were as follows:-

That early in the month of May, 2020, the Accused and the Deceased who are brothers entered into an agreement with their neighbor by the name Beatrice that they would allow her cows graze on their ancestral land situated in Chebewor village where they reside and in turn give them one litre of milk every day in consideration for the same.

The Accused and the Deceased would share the milk and take half litre each every day.

This happened until mid-May, 2020 when the deceased moved to go and reside at Londiani junction.

During his absence, the Accused used to consume the entire one litre of milk every day to himself.

This led to conflict between them when the deceased went back to their home on 27th May, 2020.

On the 28th day of May, 2020 at around 12. 30 hrs, the Accused Person was preparing to cook lunch at his parent’s house which he inherited and was living in after their parents died.  He was washing utensils outside the house when the deceased stormed into the compound while shouting.

The deceased appeared drunk and was armed with a wooden stick.

On noticing that the deceased had a stick, the Accused Person also went to the kitchen and brought with him a wooden stick and resumed washing the utensils.

The deceased dared the Accused to attack him but the Accused responded by asking the deceased to hit him first.

The deceased went ahead and struck the Accused on the head using the wooden stick and the Accused responded by attacking him and they began to fight each other.

As they were wrestling, and fighting, the Accused removed a knife and used it to stab the deceased on his neck and left him on the ground bleeding from his neck.

The deceased was crying for help saying “am dying, am dying”.

Neighbours who heard the deceased crying for help rushed to the scene and found the body of the deceased lying in a pool of blood and the Accused had fled from the scene.

One of the neighbours informed the Police who went to the scene and took the body of the deceased to Molo District Hospital Mortuary where a Post Mortem was performed by Dr. Wangalia who formed the opinion that the cause of death was severe hemorrhage secondary to stab wound to the left supraclavicular region by a sharp curved object.

Meanwhile the Accuse4d who had fled the scene went and surrendered to Junction Police Post.

After the investigations were complete, the Accused was charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code which has now been reduced to the offence of manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code.

4. The Accused Person said in his mitigation said that he is remorseful and that he acted out of extreme provocation from the Deceased who was his elder brother and who was armed during the attack.

5. The Learned Counsel for the Accused further submitted in mitigation that the Deceased and the Accused were siblings and the family has lost both – one to death and the other to incarceration.

6. The Accused Person said he committed the offence in the heat of the moment after provocation.  The Counsel further submitted that the family of the Deceased has reconciled with the Accused Person and he is taking care of the Deceased Person’s children.

7. The Probation Officer filed a Pre-sentence Report on 27/11/2020 in which he stated reconciliation has taken place between the clan of the Accused Person and the family members of the Accused.

8. The Probation Officer recommended Probation Sentence in view of the reconciliation that has taken place between the family of the Deceased and the Accused Person and also the Kibaek Clan where they belong.

9. I have considered the mitigating circumstances in this case and also the Probation Report and I find that this case is suitable for Probation Sentence.

10. The Accused Person was accosted by the Deceased, his Elder Brother who was armed and the Accused killed the Deceased in self defence.

11. The Accused Person is released on Probation for a period of 3 years for supervision and close monitoring and also to have a chance to reconstruct his life and be re-integrated back to the community.

12. The conditions for release are clearly spelt out to the Accused Person.

13. The surety of the Accused Person is accordingly discharged.

Delivered, dated and signed at Kericho this 3rd day of December, 2020.

A. N. ONGERI

JUDGE