[2023] KEHC 19572 (KLR)
The court considered the plea agreement, the accused's guilty plea, and the pre-sentence report, which detailed his rehabilitation and acquisition of skills while incarcerated. The court also took into account the hostile environment awaiting the accused at home, including deprivation of his right to family land and...
Source-derived case information.
- Citation
- [2023] KEHC 19572 (KLR)
- Parties
- Applicant: Republic (ODPP); Defendant: Patrick Sosio Andala
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 12 of 2011
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- The accused is sentenced to twenty years imprisonment from the date of arrest, with a post-release order to keep the peace for five years.
- Judges
- PJO Otieno
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Principles, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic (ODPP)
Applicant
Patrick Sosio Andala
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for manslaughter following a plea agreement.
- 2 What is the appropriate sentence considering the accused's rehabilitation and the hostile home environment.
- 3 Whether additional post-release conditions are necessary to ensure public safety and the accused's reintegration.
Ratio Decidendi
The court considered the plea agreement, the accused's guilty plea, and the pre-sentence report, which detailed his rehabilitation and acquisition of skills while incarcerated. The court also took into account the hostile environment awaiting the accused at home, including deprivation of his right to family land and the risk of retaliation. Balancing the objectives of sentencing—punishment, deterrence, rehabilitation, and protection—the court determined that a custodial sentence of twenty years, calculated from the date of arrest, was appropriate. Additionally, to safeguard public safety and facilitate reintegration, the court ordered the accused to execute a cognizance to keep the peace...
Court Disposition
The accused is sentenced to twenty years imprisonment from the date of arrest, with a post-release order to keep the peace for five years.
Orders
- The accused shall serve a prison term of twenty (20) years calculated from December 16, 2010.
- Upon completion of the prison term, the accused shall execute a cognizance to keep peace and be of good conduct for five (5) years before release.
Full Case Text
Judgment text and source record
22 paragraphs
Republic (ODPP) v Andala (Criminal Case 12 of 2011) [2023] KEHC 19572 (KLR) (30 June 2023) (Sentence)
Neutral citation: [2023] KEHC 19572 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case 12 of 2011
PJO Otieno, J
June 30, 2023
Between
Republic (Odpp)
Prosecution
and
Patrick Sosio Andala
Accused
Sentence
1. The accused was convicted on plea of guilty for the offence of manslaughter and pursuant to a plea agreement.
2. There has been filed a pre-sentence report which captures the views of the Community, family and the prisoner’s antecedents and training while incarcerated.
3. It is revealed that the inmate has acquired for himself certificates in peer education, bible studies and life skill in carpentry and joinery.
4. At home front the situation is hostile to his return and have gone the extra mile of depriving him his right to claim a share in the family land on belief that he will be sentenced to life imprisonment.
5. Taking all into account, the goals of sentencing in criminal justice systems and the need to preserve life, the court consider this as an apt case to mete out a sentence that will keep the accused away from harm by way of retaliation while affording him the chance to enhance his livelihood skills learnt in prison.
6. The Court sentences him to serve a prison term of twenty (20) years calculated from the date of his arrest being the December 16, 2010.
7. Upon the termination of the prison term, the accused shall execute a cognizance to keep peace and be of good conduct for a period of five (5) years thereafter. The cognizance must be executed before he departs from prison.
Dated, signed and delivered at Kakamega this 30th day of June 2023. PATRICK J. O. OTIENOJUDGEIn the presence of:-Ms. Chala for the ProsecutionNo appearance for Manyoni for the AccusedCourt Assistant: PolycapHC. Criminal Case No. 12/2011 – Ruling Page | 2