[2015] KEHC 1853 (KLR)
The court found that the accused, Andrew Otieno Oino, was provoked by the deceased, his father, who initiated the confrontation by attacking him while he was working. The accused responded in a manner that resulted in the death of the deceased, but there was no evidence of premeditation or intent to kill. The court...
Source-derived case information.
- Citation
- [2015] KEHC 1853 (KLR)
- Parties
- Applicant: Republic; Defendant: Andrew Otieno Oino
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted on plea of guilty to manslaughter; sentenced to one year non-custodial sentence under probation supervision.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Provocation, Self Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Andrew Otieno Oino
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea bargain agreement.
- 2 What sentence was appropriate given the circumstances of provocation and mitigation.
- 3 Whether a non-custodial sentence was justified based on the pre-sentence and victim impact reports.
Ratio Decidendi
The court found that the accused, Andrew Otieno Oino, was provoked by the deceased, his father, who initiated the confrontation by attacking him while he was working. The accused responded in a manner that resulted in the death of the deceased, but there was no evidence of premeditation or intent to kill. The court considered the accused's status as a first offender, his expression of remorse, the reconciliation with the family, and the fact that he had already spent over two years in custody. The pre-sentence and victim impact reports recommended a non-custodial sentence. Weighing these factors, the court determined that a one-year non-custodial sentence, with supervision by a probation...
Court Disposition
convicted on plea of guilty to manslaughter; sentenced to one year non-custodial sentence under probation supervision.
Orders
- The accused is sentenced to one (1) year non-custodial sentence under the supervision of the probation officer of his area.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 29 OF 2015
REPUBLIC ……………………………………PROSECUTOR
VERSUS
ANDREW OTIENO OINO….…………….......….…ACCUSED
SENTENCE
The accused person herein ANDREW OTIENO OINO, was initially charged with the offence of Murder contrary to Section 203as read withSection 204 of the Penal Code.
By a plea bargain agreement entered into on the 17th July 2015 between the accused person and the state, the said charge was reduced to Manslaughter contrary to Section 202as read withSection 205 of the Penal Code.
The particulars of the charge were that on 19th March 2013 at Bogitengo Sublocation in Gucha District within Kisii County in the Republic of Kenya, unlawfully caused the death of WILSON OINO RAMBEKA.
The accused person pleaded guilty to the said charge and was consequently convicted on his own plea of guilty.
The facts leading to the commission of the offence were that on 19th March 2013 at about 6. 00 p.m., the accused herein was tilling his shamba when his father, WILSON OINO RAMBEKA, accosted him and started hauling stones at him while accusing him of being a bother to him. A physical confrontation thereafter ensued in which the accused wrestled the deceased to the ground and the deceased never got up as he died on the spot.
A post mortem report produced in court as exhibit 1 established the cause of death as cardio-respiratory arrest though the immediate cause of death was uncertain.
In mitigation, Mr. Ondari, counsel for the accused submitted that the accused was a first time offender who was provoked by the father as the accused had no intention of killing him. He stated that the accused acted in self defence. Mr. Ondari added that the accused was a family man with 3 school going children who were suffering in his absence. He pleaded for leniency in view of the fact that the family had reconciled and the accused had been in custody for more than 2 years.
The pre-sentence and victim impact report filed in court on the 14th August 2015 recommended that the accused be given a non-custodial sentence in view of the fact that he had shown deep remorse, was a first offender and was provoked by the deceased who was himself an ex-convict.
I have taken into account the circumstances under which the deceased died, and more specifically the fact that it was the deceased who first attacked the accused while he (the accused) was busy working in his shamba. I have also taken into consideration the fact that the accused is a fairly young man with a young family who require his care and protection. I note that the accused has been in custody for over two years which period is adequate lesson to him to tame his anger and keep away from crime.
Accordingly I sentence the accused person herein ANDREW OTIENO OINO to one (1) year non-custodial sentence during which he will be supervised by the probation officer of his area.
It is so ordered.
Signed, Datedand Delivered in open court this 28th day of October, 2015.
HON. W. A. OKWANY
JUDGE
In the Presence of:
Mr. Boiyon for the State
Mr. Kaburi for Ondari for the Accused
Omuga: Court clerk