Republic v Too [2023] KEHC 25331 (KLR)

Republic v Too (Criminal Case 42 of 2019) [2023] KEHC 25331 (KLR) (14 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25331 (KLR)

Republic of Kenya

In the High Court at Kericho

Criminal Case 42 of 2019

JK Sergon, J

November 14, 2023

Between

Republic

Prosecutor

and

Daisy Chepkoros Too

Accused

Sentence

1. Daisy Chepkoros Too the Accused herein, was charged and convicted with the offence of murder contrary to section 203 as read with section 204 of the Penal Code Cap 63 Laws of Kenya. The particulars of the offence are that on the 27th day of November, 2019 at Commercial Shopping Center in Kericho East Sub-County within Kericho County, the Accused murdered Caren Cherotich Sigilai.

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. Koko Learned Counsel for the Accused, urged the court to consider the fact that the accused has been in custody since 2019 and that at the time of arrest, she had children of tender years who were craving for their mother's love. The Learned Counsel submitted that the accused had reconciled with the victim's family. The Learned Counsel submitted that the accused is remorseful for commission of the offence, had reformed and further that during her incarceration undertook several courses and had attained certification. He therefore urged this court to take into account the rehabilitation of the accused, to exercise leniency and consider a non-custodial sentence.

4. Mr. Musyoki Learned Assistant Director of Public Prosecutions submitted that the accused ought to be treated as first offender as he has no pas criminal records of the Accused.

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. In the aforesaid report it is noted that the accused dropped out of primary school due to financial challenges. She later got married to Jackson Too and they were blessed with six (6) children, she used to trade in cereals at Brooke Center while her husband engages in farming and operates a boda boda to fend for their family.

6. The accused admitted that prior to the commission of the offence, to have sharply disagreed with her husband over an alleged extra marital affair, between him and the deceased. On the material day, their disagreement escalated and the offender ended up stabbing her husband on the cheek and neck and ran out holding a knife to where the deceased was operating a food joint a nearby shopping center, a squabble ensued and the offender stabbed the deceased twice, she later succumbed to the injuries which precipitated the offender's apprehension and subsequent murder charges.

7. The offender was remorseful, she pleaded for the courts leniency claiming that she has a young family that needs her care and attention and attributed her predicament to her temperament and poor conflict resolution mechanisms.

8. The family of the offender regretted the circumstances under which the offender cut short the life of the deceased. They stated that they had held several family meetings to find a way of reaching out to the deceased's family, to no avail, as the victim's family had taken a hard stance, however, they indicated that they were willing to pursue reconciliation if given a chance. They pleaded for the court's leniency in sentencing the offender.

9. The family of the deceased was bitter towards the offender and therefore against the offender's release. They stated that the offender's family had not reached out to them for purposes of reconciliation.

10. The local administration confirmed that reconciliation had not been initiated and that the deceased's family was still bitter and desired that justice be served for their kin by the offender being punished for the heinous crime. The local administration noted that the children of the deceased were emotional about the incident and were yet to come to terms with the loss and confirmed that the home environment was not favourable for the release of the offender, unless she relocates elsewhere since the community members had not yet calmed down.

11. The County Probation Officer noted the above sentiments from the offender, offender's family members, deceased's family members and local administration therefore recommended a custodial sentence subject to the court's discretion.

12. I have considered that the accused has been in custody for a period of three (3) years, eleven (11) months since her arrest on 27th November, 2019 and subsequent arraignment in court on 6th December, 2019.

13. Having considered the circumstances of the offence, submissions in mitigation and having further considered the contents of the pre-sentence report, it is apparent that in the circumstances of this case that a custodial sentence is appropriate.

14. Consequently, I hereby sentence the Accused namely: Daisy Chepkoros Too to serve 7 years imprisonment.

DATED, SIGNED AND DELIVERED AT KERICHO THIS 14TH DAY OF NOVEMBER, 2023. ..................................J. K. SERGONJUDGEIn the presence of:C/Assistant – RutohProsecutor – Mr MusyokiAccused – Present in Person