[2019] KEHC 6160 (KLR)
The court, after considering the plea bargain, the accused's mitigation, the social inquiry report, and the period already spent in custody, found that the interests of justice would be best served by a custodial sentence that balances punishment with the need for rehabilitation. The court emphasized the accused's...
Source-derived case information.
- Citation
- [2019] KEHC 6160 (KLR)
- Parties
- Applicant: Republic; Defendant: Albanus Mumo Kakundi
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 121 of 2017
- Procedural Posture
- Criminal Law / Sentencing Ruling After Plea Bargain and Conviction
- Outcome
- accused sentenced to three years imprisonment for manslaughter
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Social Inquiry Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Albanus Mumo Kakundi
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling After Plea Bargain and Conviction
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 period already spent in custody, mitigation, and the social inquiry report.
Ratio Decidendi
The court, after considering the plea bargain, the accused's mitigation, the social inquiry report, and the period already spent in custody, found that the interests of justice would be best served by a custodial sentence that balances punishment with the need for rehabilitation. The court emphasized the accused's remorse, young age, family responsibilities, and the positive recommendations from the social inquiry report. The period already spent in custody was also taken into account. Consequently, the court sentenced the accused to three years imprisonment for manslaughter, finding this to be an appropriate and proportionate response to the circumstances of the offence and the personal...
Court Disposition
accused sentenced to three years imprisonment for manslaughter
Orders
- The accused is sentenced to three (3) years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR NO. 121 OF 2017
REPUBLIC...............................................................................PROSECUTION
-VERSUS-
ALBANUS MUMO KAKUNDI.........................................................ACCUSED
RULING ON SENTENCE
1. The accused was initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Through a plea bargaining agreement, the charge was reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The accused was convicted after pleading guilty to the charge.
2. The deceased herein was the accused’s father. After hearing the accused person’s mitigation, this court called for a detailed social inquiry report through the Probation Office. The same was filed on 21st June, 2019.
3. A summary of this report is that the accused is aged thirty (30) years. He is married with two children. He has three (3) siblings and one of them called Jeremiah Kasyoki (3rd born) is in bad books with the accused. Accused is known to be well behaved. He used to have occasional quarrels with the deceased.
4. The report shows that the accused if released would be well received by his mother’s family. While in court, he appeared remorseful for what he did to his father. Of course this is something that will haunt him forever, unless he totally surrenders his life to our Lord and Saviour Jesus Christ. He will need a lot of counselling. He is young and has a young family. Weighing all these interests, I find the need for counselling and rehabilitation to rank the top most.
5. The accused first appeared in court on 18th September, 2017 while the offence was committed on 5th September, 2017. He has therefore been in prison for one (1) year ten (10) months.
6. I have considered the mitigation, social inquiry report, the circumstances of the offence and the period the accused has been in prison. I sentence him to three (3) years imprisonment.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 2ND DAY OF JULY 2019, IN OPEN COURT AT MAKUENI.
..........................
H. I. ONG’UDI
JUDGE