The High Court in Kericho has set free a man who killed his wife and sentenced him to a three-year probation period after he was found guilty of manslaughter.
The man, Joshua Kipkoskei Cheruiyot, was found guilty of unlawfully killing his wife, Jennifer Chelangat, alias Diana Chelangat, during a domestic altercation.
In making his decision, Justice Joseph Sergon noted that Mr Cheruiyot was arrested on January 29, 2022, and was unable to meet the bail terms, which resulted in him remaining in remand for two years and seven months.
“I have considered the circumstances of the offence, submissions in mitigation and have further considered the contents of the pre-sentence report filed by the county probation officer in respect of the accused person. In my view and the circumstances of this case, I find that a non-custodial sentence is appropriate.
"Consequently, I hereby sentence the Accused namely: Joshua Kipkoskei Cheruiyot to serve three (3) Years on Probation under the supervision of the Kericho County Probation Officer,” the court said in its October 17, 2024 decision.
The altercation between Mr Cheruiyot and his deceased wife arose over the alleged misappropriation of family finances. During the dispute, Mr Cheruiyot struck the deceased, Jennifer Chelangat on the head with a cooking stick.
Later that evening, when they went to bed, Mr Cheruiyot noticed that his wife had become cold and still and it was evident that she had passed away.
He promptly reported the incident at the local police station, where he was arrested. Mr Cheruiyot entered into a plea bargain agreement with the prosecution in which he pleaded guilty to the lesser charge of manslaughter and was convicted by the court.
During the sentencing hearing, Mr Cheruiyot’s lawyer, Mr Morata, told the court that his client was deeply remorseful and regretted his actions. Mr Morata emphasized that the incident was not premeditated and had been triggered by provocation during the quarrel.
He went on to tell the court that Mr Cheruiyot was willing to undergo the traditional cleansing rites to atone for his actions. He sought a non-custodial sentence for him to be able to care for his two children with the deceased and his aged grandmother.
In the pre-sentencing report that the court had requested it was noted that the families of Mr Cheruiyot and the deceased had reconciliation talks and the hatred that arose from the killing had subsided.
The prosecutor Mr Musyoki, acknowledged that Mr Cheruiyot did not have any previous criminal record and that he was a first-time offender. However, he argued that a custodial sentence would be more appropriate to reflect the severity of the offense, gender-based violence.
Justice Sergon sentenced Mr Cheruiyot to probation under the supervision of the Kericho County Probation Officer.
