[1] The accused, Abigael Chepkemei , was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code, Chapter 63 of the Laws of Kenya . It was alleged that on the 25 th day of November 2025 at Meteitei in Tinderet Sub County within Nandi County, she murdered her 6-year-old son, Boniface Kipkemboi. She denied the charge and while her bail application was pending consideration, the parties negotiated a plea agreement which was presented to the Court on 17 th July 2026 for consideration.
[2] The plea agreement was accepted; whereupon the accused pleaded guilty to the lesser charge of manslaughter pursuant to S ection 202 as read with Section 205 of the Penal Code. The matter is therefore coming up for sentencing hearing.
[3] The objectives of sentencing are set out at page 15 of the Judiciary Sentencing Policy Guidelines . Some of them are:
[a] Retribution : to punish the offender for his/her criminal conduct in a just manner.
[b] Deterrence : to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences.
[c] Rehabilitation : to enable the offender reform from his/her criminal disposition and become a law abiding person.
[d] Restorative justice : to address the needs arising from the criminal conduct such as loss and damages.
[e] Community protection : to protect the community by incapacitating the offender.
[f] Denunciation : to communicate the community’s condemnation of the criminal conduct.
[4] Hence, although Section 205 of the Penal Code stipulates that a person who commits the offence of manslaughter shall be liable to imprisonment for life, it is not in every such case that life imprisonment would be warranted. Even where the Court is convinced that custodial sentence is the most appropriate, it is suggested, at paragraph 2.3.13 of the Judiciary Sentencing Policy Guidelines, 2023 that:
“Where the option of a non-custodial sentence is available, a custodial sentence should be reserved for cases where the offence is so serious that neither a fine nor a community sentence can be justified. The length of that sentence will depend on the maximum penalty allowed by law and the seriousness of the offence and other factors set out in Part V. The court should bear in mind the high rates of recidivism associated with imprisonment and seek to impose a sentence that is geared towards achieving the sentencing principles and objectives set out in Part I.”
[5] There is no doubt that the accused has been convicted of a heinous crime. However, it is also the case that she is a first offender. She was afforded the opportunity to address the Court in mitigation through her counsel, Mr Kiprono . Counsel conveyed the accused’s remorse; and urged the Court to consider that she did not have malice aforethought or intention of injuring the deceased. Counsel also mentioned that the accused is a young mother who was expectant at the time of her arrest; that she had a troubled childhood having lost both her parents at a tender age; and that she has received little or no support from her relatives.
[6] The Court called for a Pre-Sentence Report which confirms that the offender is remorseful. The report further shows that the accused person has had to be treated for depression and still requires medical attention in addition to psycho-social support, trauma and grief counselling, among other interventions.
[7] Thus, having taken all the foregoing factors into account, it is manifest that custodial sentence would not be appropriate in the circumstances. Accordingly, accused person is hereby placed on probation for a period of 3 years.
It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAPSABET THIS 22 ND DAY OF SEPTEMBER 2026
[2] The plea agreement was accepted; whereupon the accused pleaded guilty to the lesser charge of manslaughter pursuant to S ection 202 as read with Section 205 of the Penal Code. The matter is therefore coming up for sentencing hearing.
[3] The objectives of sentencing are set out at page 15 of the Judiciary Sentencing Policy Guidelines . Some of them are:
[a] Retribution : to punish the offender for his/her criminal conduct in a just manner.
[b] Deterrence : to deter the offender from committing a similar offence subsequently as well as to discourage other people from committing similar offences.
[c] Rehabilitation : to enable the offender reform from his/her criminal disposition and become a law abiding person.
[d] Restorative justice : to address the needs arising from the criminal conduct such as loss and damages.
[e] Community protection : to protect the community by incapacitating the offender.
[f] Denunciation : to communicate the community’s condemnation of the criminal conduct.
[4] Hence, although Section 205 of the Penal Code stipulates that a person who commits the offence of manslaughter shall be liable to imprisonment for life, it is not in every such case that life imprisonment would be warranted. Even where the Court is convinced that custodial sentence is the most appropriate, it is suggested, at paragraph 2.3.13 of the Judiciary Sentencing Policy Guidelines, 2023 that:
“Where the option of a non-custodial sentence is available, a custodial sentence should be reserved for cases where the offence is so serious that neither a fine nor a community sentence can be justified. The length of that sentence will depend on the maximum penalty allowed by law and the seriousness of the offence and other factors set out in Part V. The court should bear in mind the high rates of recidivism associated with imprisonment and seek to impose a sentence that is geared towards achieving the sentencing principles and objectives set out in Part I.”
[5] There is no doubt that the accused has been convicted of a heinous crime. However, it is also the case that she is a first offender. She was afforded the opportunity to address the Court in mitigation through her counsel, Mr Kiprono . Counsel conveyed the accused’s remorse; and urged the Court to consider that she did not have malice aforethought or intention of injuring the deceased. Counsel also mentioned that the accused is a young mother who was expectant at the time of her arrest; that she had a troubled childhood having lost both her parents at a tender age; and that she has received little or no support from her relatives.
[6] The Court called for a Pre-Sentence Report which confirms that the offender is remorseful. The report further shows that the accused person has had to be treated for depression and still requires medical attention in addition to psycho-social support, trauma and grief counselling, among other interventions.
[7] Thus, having taken all the foregoing factors into account, it is manifest that custodial sentence would not be appropriate in the circumstances. Accordingly, accused person is hereby placed on probation for a period of 3 years.
It is so ordered.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAPSABET THIS 22 ND DAY OF SEPTEMBER 2026