[2020] KEHC 4463 (KLR)
The court found that the accused, having been convicted of manslaughter following a plea bargain, had two prior convictions and committed the offence shortly after release from prison. The pre-sentence report and the unwillingness of the family to receive him back indicated that a non-custodial sentence was...
Source-derived case information.
- Citation
- [2020] KEHC 4463 (KLR)
- Parties
- Applicant: Republic; Defendant: AM
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 1 of 2020
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced to imprisonment
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, Recidivism
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
AM
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be granted a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence given the accused's prior convictions and circumstances of the offence.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter following a plea bargain, had two prior convictions and committed the offence shortly after release from prison. The pre-sentence report and the unwillingness of the family to receive him back indicated that a non-custodial sentence was inappropriate. The court determined that strict rehabilitation was necessary and that the gravity of the offence—killing a four-year-old cousin—warranted a custodial sentence. Accordingly, the accused was sentenced to seven years imprisonment to serve both punitive and rehabilitative purposes.
Court Disposition
convicted and sentenced to imprisonment
Orders
- The accused shall serve seven (7) years imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 1 OF 2020
REPUBLIC..................................PROSECUTION
-VERSUS-
AM.........................................................ACCUSED
RULING ON SENTENCE
AMthe accused herein was initially charged with murder contrary to section 203 as read with section 204 of the Penal Code. The charge was reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code after a plea bargain agreement.
After the conviction and mitigation, I called for a pre-sentence report which has been filed. The prosecution indicated that the accused is a 1st offender. It has now been confirmed that he has two previous convictions namely: -
i. Kilungu Pm’s Cr. Case No. 443/2015 – offence of stealing. He was placed on probation for a year as he was a juvenile aged 17 years.
ii. Kilungu Pm’s Cr Case No. 355/2019 offence of preparation to commit a felony.
He was imprisoned for a year and released in December 2019. He had hardly been home for a month when this offence was committed.
In short, the pre-sentencing report filed is not in favour of the accused being given a non-custodial sentence. Even his family is not ready to receive him back home at this time. The deceased was the accused person’s first cousin.
I have considered the report and I find that the accused requires strict rehabilitation. There is no good reason why he killed the four (4) year old boy.
He will therefore serve seven (7) years imprisonment.
Orders accordingly.
Delivered, signed & dated this 2nd day of July 2020, in open court at Makueni.
.........................
H. I. Ong’udi
Judge