[2019] KEHC 5115 (KLR)
The court found that the accused, having pleaded guilty to manslaughter through a plea bargain, demonstrated remorse and had the unconditional forgiveness of the deceased's family, who are also his own family. The pre-sentence report was positive, indicating that the accused's family supported his reintegration and...
Source-derived case information.
- Citation
- [2019] KEHC 5115 (KLR)
- Parties
- Applicant: Republic; Defendant: AMM
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 62 of 2017
- Procedural Posture
- Criminal Law / Sentencing Ruling
- Outcome
- accused placed on probation for three years
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Probation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
AMM
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to imprisonment or placed on probation after conviction for manslaughter.
- 2 What weight should be given to the pre-sentence report and the views of the victim's family.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter through a plea bargain, demonstrated remorse and had the unconditional forgiveness of the deceased's family, who are also his own family. The pre-sentence report was positive, indicating that the accused's family supported his reintegration and that he had benefited from training while in custody. The court considered the accused's medical condition and the assurance from his family that they would support his rehabilitation. In light of these factors, and in accordance with the Sentencing Policy Guidelines and the principle of restorative justice, the court determined that a custodial sentence was unnecessary and...
Court Disposition
accused placed on probation for three years
Orders
- The accused will serve three years on probation for monitoring and counselling.
- The conditions of probation are clearly spelt out to the accused.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC. NO. 62 OF 2017
FORMERLY MACHAKOS HIGH COURT HCCRC. NO. 15 OF 2016
REPUBLIC.........................................................................PROSECUTION
-VERSUS-
AMM..............................................................................................ACCUSED
RULING ON SENTENCING
1. The accused was charged with the offence of murder on 31st March 2016. The offence was committed on 18th March 2016and he was first arraigned in court on 31st March 2016.
2. After a successful plea bargain, the charge was reduced to manslaughter on 17th July, 2019 and he was convicted.
3. A pre-sentence report was filed on 30th July 2019 as directed by the court. From the report the accused’s family which is the same as the deceased’s family has no problem with his return home.
4. This court has also had a session in open court with the accused’s father and brother who have assured the court of their unconditional forgiveness to the accused person.
5. The pre-sentence report shows that the accused suffers from epilepsy and was placed on medication. He however failed to observe the medical advice given to him by indulging in alcohol, bhang and muguka.
6. His stay in prison has exposed him to a lot of training which his family hopes will assist him resettle and live well with others.
7. Following the positive report and the promises given to the court by the accused’s father and brother, this court has found it fit to place the accused on probation.
Order
1. He will serve three (3) years on probation for monitoring and counselling. The conditions are hereby clearly spelt out to the accused.
DELIVERED, SIGNED AND DATED THIS 5TH DAY OF AUGUST, 2019 IN OPEN COURT AT MAKUENI.
.........................
H. I ONG’UDI
JUDGE