1.The three Accused Persons in this case Wilson Terer, Vicky Cheptoo And Sarah Cherono Chelogoi (hereafter referred to the Accused Persons) were jointly charged with Murder Contrary to Section 203 as read with Section 204 of the Penal Code.
2.The charge was subsequently reduced to one of Manslaughter following a plea bargain agreement signed by the Accused Persons on 10/12/2021.
3.The particulars of the charge were that on 10/3/2020 at Ainamoi Sub-Location in Kericho County, the three Accused Persons jointly unlawfully caused the death of Nahashon Kipyegon.
4.The facts of the case were as follows:-
5.The Probation Officer filed Social Inquiry Reports in respect of the three Accused Persons. The Reports state that the Accused Person belong to one family. The 3rd Accused is the mother of Accused 1 and Accused 2 and the deceased was the estranged husband to Accused 2.
6.The Reports also state that the three Accused Persons regret the incident and further that they are willing to initiate a cleansing ceremony.
7.I have considered the mitigating circumstances in this case. I have also taken into account the fact that the Accused Persons pleaded guilty and saved the Court time for trial.
8.The offence of Manslaughter is a very serious one and it calls for a sentence of life imprisonment.
9.The 1st and 2nd Accused Persons attacked the Deceased after he came to their home where he assaulted the Accused 2 who was his estranged wife. They ought to have taken him to the Police Station.
10.The two Accused Persons were joined by Accused 3 who is their mother at the tail end of the incident after they had strangled the Deceased. Accused 3 hit the Deceased on the legs. The Doctor said the Deceased died of a broken neck.
11.I sentence Accused 1 and Accused 2 to five years Imprisonment each.
12.Accused 3 who is the mother of Accused 1 and Accused 2 ought to have told Accused 1 and Accused 2 to take the Deceased to the Police Station instead of killing him. Instead, she also took a stick and hit the unconscious man on his legs.
13.I sentence Accused 3 to three years’ Probation Sentence.
14.The County Probation Officer to organize Counselling Sessions for Accused 3 to reintegrate her back to Society.
15.Accused 1 and Accused 2 to serve Five (5) years Imprisonment. The sentences to start running from 23/3/2020 when the Accused Persons were first arraigned in Court.Right of Appeal against Sentence (14 days) Explained.