[2022] KEHC 996 (KLR)
The court found that the circumstances of the offence, the violent history of the accused, and the genuine fears expressed by both the victim's and accused's families made a non-custodial sentence inappropriate. The court emphasized the need for a deterrent custodial sentence to protect the families and the public,...
Source-derived case information.
- Citation
- [2022] KEHC 996 (KLR)
- Parties
- Applicant: Republic; Defendant: Abel Kirimi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 39 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 30 years' imprisonment for manslaughter
- Judges
- CA Otieno
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Guidelines, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Abel Kirimi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the victim impact statement and the concerns of both families in determining the appropriate sentence.
- 3 Whether the accused has demonstrated reformation sufficient to warrant leniency.
Ratio Decidendi
The court found that the circumstances of the offence, the violent history of the accused, and the genuine fears expressed by both the victim's and accused's families made a non-custodial sentence inappropriate. The court emphasized the need for a deterrent custodial sentence to protect the families and the public, noting the lack of evidence of the accused's reformation and the real risk of further harm if released. The objectives of sentencing, including deterrence and public safety, outweighed any mitigation offered by the accused. Accordingly, the court imposed a custodial sentence of 30 years' imprisonment, to be calculated from the date of arrest.
Court Disposition
accused sentenced to 30 years' imprisonment for manslaughter
Orders
- The accused is sentenced to 30 years' imprisonment, to be calculated from the date of arrest.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL CASE NO39OF 2015
REPUBLIC..........PROSECUTOR
VERSUS
ABEL KIRIMI............ACCUSED
SENTENCE
1. Following the adoption by the court of a plea agreement dated 1/12/2021 and filed in court on 7/12/2021, the accused was charged with the lesser offence of Manslaughter to which he pleaded guilty and a conviction was entered against him for that offence.
2. Pursuant to that plea of guilt having been entered, the court directed that a victim impact statement report be filed by the probation officer to inform mitigation and sentencing.
3. That report, filed by the probation officer on 9/2/2022, reveals that the accused family as well as that of the victim are opposed to his possible release on a non-custodial sentence, as the accused had previously threatened to kill his father and even badly wounded him using stones. The victim’s wife, who has since remarried the accused brother still live in fear and trauma and see no guarantee of safety if the accused is released on noncustodial sentence. The accused’s entire family and that of the victim are apprehensive that if the accused is released, he may do more harm. Those threats to kill and the genuine fear of doing more harm to any of the family members cannot be wished away. I have duly taken into account the mitigation offered by Mr. Kithinji, for the accused as well as the submissions offered by Mr. Maina for the prosecution.
4. Drawing guidance from the objectives of sentencing in Criminal justice system, and being cognizant of the gravity of the offence for which the accused has been convicted, I find that the circumstances of the case, that of the victim’s and accused family concerns militates against a non-custodial sentence.
5. The accused is said to have fatally attacked his brother, the deceased herein, with a panga due to a disagreement in relation to miraa. The deceased wife was forced to remarry a brother to the deceased, in order to help her raise the 2 minor twins. That places the victims in close proximity with the accused in the event of a non-custodial sentence being given and it thus portends a real risk for another offence by the accused. Nothing has been availed to court to show that the accused has been reformed and has thus left his violent past.
6. Having given regard to all the above factors, I determine to give the accused a deterrent custodial sentence of 30 years’ imprisonment, which shall be calculated from the day he was arrested.
7. It is so ordered
DATED, SIGNED AND DELIVERED AT MERU THIS 1ST DAY OF APRIL 2022
PATRICK J.O OTIENO
JUDGE
1/4/2022
Mr. Maina for the prosecution.
Mr. Kithinji for the accused.
PATRICK J.O OTIENO
JUDGE