[2019] KEHC 4018 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to consideration of mitigating factors. The pre-sentence report was favourable, indicating good relations with family and community, and the accused had shown remorse and sought forgiveness. The court also...
Source-derived case information.
- Citation
- [2019] KEHC 4018 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Musyoki Mwololo
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2017
- Procedural Posture
- Criminal Trial / Sentencing Ruling
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Stephen Musyoki Mwololo
Defendant
Procedural Posture
Criminal Trial / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter following a plea bargain agreement.
- 2 What is the appropriate sentence considering the mitigation and pre-sentence report.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to consideration of mitigating factors. The pre-sentence report was favourable, indicating good relations with family and community, and the accused had shown remorse and sought forgiveness. The court also considered the time already spent in custody since first arraignment in 2015. Balancing these factors, the court determined that a custodial sentence of eighteen months was appropriate, reflecting both the seriousness of the offence and the mitigating circumstances.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to eighteen (18) months imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 28 OF 2017
FORMERLY MACHAKOS HCCRC. NO. 83 OF 2015
REPUBLIC…….…………………………………………..…PROSECUTION
VERSUS
STEPHEN MUSYOKI MWOLOLO………………..……….……ACCUSED
RULING ON SENTENCE
1. Stephen Musyoki Mwololo the accused herein, was initially charged with the offence of murder contrary to Section 203 as read with Section 204 Penal Code. The charge was later reduced to manslaughter contrary to Section 202 as read with Section 205 Penal Code after a plea bargain agreement. The particulars were that the accused on 8th day of November 2015 at Kathongo sub location, Ndauni location in Mbooni sub county within Makueni county caused the unlawful death of Andrew Mwololo Muindi.
2. He pleaded guilty and was convicted on his own admission. In mitigation through counsel, he said he was remorseful as he never intended to kill the deceased. He has a young family. Mrs. Owenga learned counsel for the State said the accused was a first offender.
3. The court called for a pre-sentence report which was filed on 26th September, 2019. The report is a detailed one and it explains the relationship between the accused, his family, community and the administration.
4. The report shows that the accused has asked for forgiveness from his family. His wife of one child ran away and remarried in the same area after the accused’s arrest.
5. The deceased herein was the accused’s father. The accused and deceased had their own inbuilt issues which blew up on the material day. The deceased only threatened to kill the accused, who turned on him and cut him severally due to the inbuilt anger.
6. The social inquiry report is a favourable one. It says the accused relates well with family, community and administration. I have considered all these positives in favour of the accused. He was first arraigned in court on 17th November 2015 which is about four (4) years ago.
7. I sentence him to eighteen (18) months imprisonment.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 30TH DAY OF SEPTEMBER 2019, IN OPEN COURT AT MAKUENI.
...........................
H. I. ONG’UDI
JUDGE