Republic & 1 other v Dennis Kiprotich Kirui Alias Kiplali & 1 other

2. The Accused took plea on 15th April 2024 and pleaded not guilty to the offence. 3. A Plea –Bargaining Agreement was filed and it indicated that the accused had agreed to plead guilty on the lesser offence of manslaughter. This court accepted the plea agreement interviewing the accused and satisfying itself that he executed the Plea Agreement voluntarily and that he understood his trial rights. 4. On 20th April, 2026, the accused took plea for manslaughter. The charge and every element thereof were read and explained to him in a language he understood and pleaded guilty for the offence of manslaughter. HIGH COURT CRIMINAL CASE NO. E003 OF 2024 2

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5. The facts as read by the Prosecutor and captured in the Plea Agreement are as follows: - “On the 7th day of January 2024, Daisy Chebet Mutai was at Embomos heading home after doing shopping of for her children. She called the accused and they met at Bomet County Tea Plantation Embomos pleasantries, in location. the Chebugen After deceased Village, exchanging asked the accused why his mobile phone is always busy and she took it and noticed that he had been talking to a certain lady for a long time. The accused was angered when she attempted to call the said lady. The two exchanged bitterly and the accused took out a knife and stabbed the deceased on the neck and he escaped away on his motorcycle leaving her to die. HIGH COURT CRIMINAL CASE NO. E003 OF 2024 3

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The accused surrendered himself at Kamwaura Police Station and was later transferred to Konoin Police Station to be charged. A post mortem was conducted on the body of the deceased which revealed that she died from the excessive bleeding due to penetrating would from assault. accused has agreed to plead guilty to the charge of manslaughter. 6. The Accused accepted the facts as true and the court convicted him on his own guilty plea for the lesser offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. Pre-Sentence Report 7. The pre- sentence report stated that the Accused accepted committing the offence and stated that HIGH COURT CRIMINAL CASE NO. E003 OF 2024 4

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the deceased sought permission to go back to her first husband whom they had reconciled after a long time. While they were talking, the deceased inquired from the Accused whom he was talking to through his phone. The Accused got agitated and stabbed her on the neck and left her on the ground to die while fleeing on his motor cycle. He took himself to Kamwaura police station where he was booked as investigations began. He was later charged after investigation unearthed that he was responsible for the death of Daisy Chebet Mutai. 8. The pre- sentence probation report stated that the community described the Accused as someone who abuses drugs especially bhang. The Accused’s family advocated for his release while acknowledging that the situation on the ground was still volatile. According to the area chief HIGH COURT CRIMINAL CASE NO. E003 OF 2024 5

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tension existed between the families and the Accused’s release on community –based sentence may not go well with the victim’s family. 9. The probation officer recommended a custodial sentence. Victim Impact Statement. 10. Rose Mwei who is the mother of the deceased was the hardest hit and hence suffered immense psychological trauma and has found it difficult to come to terms with the reality. The family through the paternal uncle are very bitter and they want the law to take its course. He said forgiveness from the Accused’s family will only be accepted after the Accused has served his jail term. The family does not want to hear anything to do with non- custodial sentence. HIGH COURT CRIMINAL CASE NO. E003 OF 2024 6

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11. Sentencing enumerated serves in multiple the purposes Sentencing as 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. HIGH COURT CRIMINAL CASE NO. E003 OF 2024 7

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viii. 12. Reintegration. This is in line with article 159(2) of the constitution of Kenya which promotes involvement of parties in resolution of matters. 13. 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. 14. I have considered the circumstances of the case and pre-sentence report. It is my findings that the gravity of this offence and the views of the community, weigh HIGH COURT CRIMINAL CASE NO. E003 OF 2024 in favour of a custodial 8

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sentence. In my view, the accused deserves a deterrent sentence. 15. In the end, the Accused, Dennis Kiprotich Kirui is sentenced to serve 12 years imprisonment. The sentence shall run from the plea taking date being 15/4/2024 16. 14 Days Right of Appeal. Judgement delivered, dated and signed this 16 th day of July 2026. ........................ HON. JULIUS NGARNGAR JUDGE Judgement delivered in the presence of: Siele/ Zachary (Court Assistants) Ms. Koech for the state No appearance for the Accused HIGH COURT CRIMINAL CASE NO. E003 OF 2024 9

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HIGH COURT CRIMINAL CASE NO. E003 OF 2024 10

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