[2018] KEHC 4308 (KLR)
The court considered the seriousness of the offence, resulting in the loss of life, as an aggravating factor. However, significant mitigating factors were present: the accused was 64 years old, had no prior criminal record, was provoked and intoxicated at the time of the offence, and was the sole breadwinner for his...
Source-derived case information.
- Citation
- [2018] KEHC 4308 (KLR)
- Parties
- Applicant: Republic; Defendant: Alfred Nyakundi Ondara
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing Principles, Plea Bargain, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Alfred Nyakundi Ondara
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused who pleaded guilty to manslaughter under a plea bargain agreement.
- 2 How should the court balance aggravating and mitigating factors in sentencing for manslaughter.
Ratio Decidendi
The court considered the seriousness of the offence, resulting in the loss of life, as an aggravating factor. However, significant mitigating factors were present: the accused was 64 years old, had no prior criminal record, was provoked and intoxicated at the time of the offence, and was the sole breadwinner for his family. The Sentence Review Report supported a non-custodial sentence. Balancing these factors, the court found that a custodial sentence was warranted to mark the gravity of the offence, but determined that a term of one year imprisonment was appropriate given the circumstances.
Court Disposition
convicted and sentenced
Orders
- The accused, Alfred Nyakundi Ondara, is sentenced to one (1) year imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 11 OF 2018
REPUBLIC..............................................PROSECUTOR
VERSUS
ALFRED NYAKUNDI ONDARA .................ACCUSED
RULING ON SENTENCE
The accused herein, ALFRED NYAKUNDI ONDARA, was charged with the offence of murder which took place on 17th February 2018 at Kiamerega Village, Nyamagesa of Masaba South Sub-County within Kisii County. He pleaded guilty to a lesser charge of manslaughter following a plea bargain agreement.
The incident arose out of a physical confrontation in a changaa den after the deceased annoyed the accused.
I am now called upon to impose an appropriate sentence noting that the maximum sentence for manslaughter is life imprisonment.
The accused is aged 64 years old. He prays for leniency and states that he was drunk on the material day and that the deceased provoked him. He is a father of young adults and he prays for a non-custodial sentence to enable him take care of his family as he is the sole bread winner.
The family of the deceased represented in court by the deceased’s brother Samwel Nyanguti pray for a custodial sentence and aver that the accused’s family has been threatening them since this case commenced.
The Sentence Review Report states that the accused did not have any criminal record and all the persons interviewed described him as a person who only became violent after intoxication. The officer recommended a non-custodial alternative sentence.
I have considered both aggravating and mitigating factors which I have outlined above. I cannot ignore the fact that a life has been lost for which the court must state is disapproval. I also note that the accused is aged 64 years and unlikely to offend.
Considering all these factors I sentence the accused ALFRED NYAKUNDI ONDARA to one (1) year imprisonment.
Ruling read and delivered in open Court this 15th August 2018.
D.S Majanja
Judge
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions
Mr. Bigogo, Advocate for the Accused