Republic v Rotich [2022] KEHC 10799 (KLR)

Republic v Rotich (Criminal Case 12 of 2019) [2022] KEHC 10799 (KLR) (6 May 2022) (Sentence)

Neutral citation: [2022] KEHC 10799 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 12 of 2019

AN Ongeri, J

May 6, 2022

Between

Republic

Prosecution

and

Julius Kipkemoi Rotich

Accused

Sentence

1. The Accused Person in this case, Julius Kipkemoi Rotich (hereafter referred to as the Accused Person) was charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.

2. The charge was reduced to one of Manslaughter following a plea bargain signed by the Accused Person on 15/1/2021.

3. The particulars of the charge were that on 5th April, 2019 at Kaplelach Village within Sigowet Sub-County, Kericho County, the Accused Person unlawfully killed Rachael Chepngetich Rotich.

4. The facts of the case were as follows:-On the 5th of April, 2019, the Accused Person left home at around 1. 00 pm after taking lunch together with his wife, the deceased and children.The Accused went back home at around 9. 00 pm while drunk.He started quarreling the deceased accusing her of having the habit of quarreling with his brother and his wife.In the process of quarreling the deceased, the Accused picked a Jembe that was nearby and threatened her by telling her that he will kill her.The deceased then ran away fearing that she will be assaulted by the Accused Person. The Accused Person armed himself with a panga then left the house to go look for the deceased.He found the deceased outside the house near their farm and they fought during which the Accused assaulted her using the panga that he had on her head inflicting her deep cut wounds on her head. She fell down and died.The Accused then went back to their compound and started screaming by saying that he has killed his wife.Their eldest daughter and sons came out after hearing their father wailing and they started screaming.The attracted neighbours who went to where they were and saw the body of the deceased lying in a pool of blood in a nearby farm with visible head injuries, deep cut on the right ribs and her foot.The Accused then called the Area Chief and informed him that he had killed his wife and requested him to inform the Police to come and take her body to the Mortuary.Police Officers arrived at the scene and found the Accused Person still holding the panga and was with the members of the Public.The Accused was disarmed by Police, arrested and taken to Kericho Police Station while the body of the deceased taken by Police to Kericho County Referral Hospital Mortuary.Post Mortem was conducted by Dr. R. K Koech who formed the opinion that the cause of death was severe head injury due to trauma by a sharp object.The Accused and the deceased were always quarreling and the Accused had once assaulted the deceased using a panga inflicting a cut wound on the right side of her neck in the year, 2012 after a quarrel.The Accused Person 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.

5. The Accused Person’s Counsel in mitigation said that the Accused Person is remorseful and that he regrets the incident because the deceased was his wife.

6. Further, that the Accused Person is a father of 8 Children who depend on him. Some of the children have dropped out of school to look after the younger children and one of the children has a disability.

7. The learned Counsel for the Accused Person further submitted that the Accused Person is now born again and that he has reformed and he deserved a non-custodial sentence.

8. The Probation Officer filed a Pre-Sentence Report detailing the social background of the offender.

9. According to the Report, the offender has 8 children who depend upon him and that he is the only surviving son his only brother having died.

10. The offence of Manslaughter is a serious one and it carries a sentence of life imprisonment.

11. This Court has taken into account the Mitigating circumstances of this cause especially the fact that the Accused Person is remorseful and that he has reformed.

12. The Accused Person has been in custody since the plea was taken on 20/9/2021 and also prior to being granted bond.

13. The Accused Person is the sole surviving member of his family having lost his only brother and his sisters who are all married and away from home.

14. He has eight (8) children who depend upon him and one of them is living with disability and she is currently pregnant having been defiled.

15. Two of his children are minors who require parental guidance.

16. In the circumstances, I find that a non-custodial sentence is appropriate in this case.

17. The Accused Person is accordingly placed on Probation Sentence for a period of 3 years on condition that he complies with the requirements of Probation Officer.

18. The county Probation Officer to organize for counselling for the accused Person and his children to ensure they are fully reconciled and that the Accused Person is integrated back to Community.

DELIVERED, DATED AND SIGNED AT KERICHO THIS 6THDAY OF MAY, 2022A. N. ONGERIJUDGE