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Republic v Ruto (Criminal Case 21 of 2022) [2022] KEHC 15062 (KLR) (9 November 2022) (Sentence)
Neutral citation:
[2022] KEHC 15062 (KLR)
Republic of Kenya
Criminal Case 21 of 2022
TM Matheka, J
November 9, 2022
Between
Republic
Prosecution
and
Vincent Kibet Ruto
Accused
Sentence
1.Vincent Kibet Ruto is a twenty nine (29) year old man charged with murder contrary to section 203 as read with 204 of the Penal code.
2.It is alleged that on March 18, 2022 at Kipkoris Village Kiptororo Location in Kuresoi North Sub County Nakuru County he murdered Rachael Chepkurui Tongoi.
3.The accused person was represented by Mr Matoke, and the State by Ms Murunga. He pleaded not guilty to the offence on April 20, 2022.
4.On May 31, 2022, Mr Matoke told the court that the accused had instructed him to initiate a plea agreement. On August 11, 2022 the court was told that the plea agreement had been concluded and signed by all parties.
5.The accused person pleaded guilty to the lesser charge of manslaughter contrary to section 202 as read with 205 of the Penal Code. The facts were that on the material date the accused person was quarreling with the step father (uncle) one Charles Kipngetich Kirui. A fight broke out, and the deceased, who was the accused’s grandmother, came to separate them. The accused was armed with a fencing post which he had uprooted from the fence during the quarrel. To separate them, she stood between the two (2) of them and that is when the accused stabbed her with the post.
6.She fell down and started bleeding.
7.The accused person who is said to have been intoxicated did not run away, but sat down just there. Another relative raised the alarm. People came and took the victim to the dispensary but she was dead, cause of death from the post mortem indicated was;
8.After recording the plea agreement as per section 137F, G and H, I heard submission from counsel.The prosecution submitted that the accused was a first offender and recommended ten (10) years imprisonment.
9.In mitigation Mr Matoke told the court that the accused was a 1st offender, he was remorseful for what happened, and had reconciled with his family. He now sought a lenient sentence, and urged the court to consider the period spent in custody, as sufficient sentence in circumstances of the offence.
10.The issue is what sentence is appropriate in the circumstances.
11.I sought and received a pre-sentence report from Probation and After Care which I have carefully considered. It states that the deceased was the “mother” to the accused and his siblings following the demise of their mother when the accused and his siblings were young.
12.From the facts of the case, the accused person had intended to cause harm to his uncle or step father. The facts show the post with which he stabbed his grandmother was the third one, after he unsuccessfully pulled out two others from the fence and they broke. It is this anger that led to his stabbing his grandmother, an innocent person who has been mother to him and his siblings.
13.From the report, the family environment is not conducive for rehabilitation, as no one is really concerned about the accused.
14.The defence supplied the court with the case; LKE v Republic [2021] eKLR where the accused person was placed on probation supervision for three (3) years. However, the case is distinguishable as the circumstances are completely different.
15.The state did not file any authority to support their proposed sentence of ten (10) years.
16.I have carefully considered the circumstances of the case, the fact that the accused is first offender and is remorseful, the fact that he took a plea agreement, and the fact that the family environment does not present a conducive environment for a non-custodial sentence.
17.In addition, the accused person does need time to deal with his anger issues.
18.In the circumstances the accused person is sentenced to serve (5) years imprisonment with effect from April 20, 2022. During that period the prison authorities, together with Probation and Aftercare Services, are to provide him with counselling and anger management counselling.
19.Probation and After Care Services to also follow up with the family to enable the family prepare for the return of the accused at the completion of his sentence.
20.These orders be served on the Probation and Aftercare Services and the officer in charge GK Prison Nakuru.
21.Orders accordingly.
SIGNED, DATED AND DELIVERED VIRTUALLY THIS 9TH DAY OF NOVEMBER, 2022.MUMBUA T MATHEKAJUDGECourt Assistant JenifferAccusedMr Matoke for accusedMs Murunga for State
