[2015] KEHC 651 (KLR)
The court considered the period the accused had already spent in custody (4½ years), his remorse, his age, and the circumstances of the offence, including that both the accused and deceased were intoxicated and cohabiting as man and wife. The court found that a custodial sentence was appropriate to allow the accused...
Source-derived case information.
- Citation
- [2015] KEHC 651 (KLR)
- Parties
- Applicant: Republic; Defendant: Antony Kipchirchir Langat Alias James Njoroge Wanjiru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 36 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Remorse, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Antony Kipchirchir Langat Alias James Njoroge Wanjiru
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter contrary to section 202 of the Penal Code.
Ratio Decidendi
The court considered the period the accused had already spent in custody (4½ years), his remorse, his age, and the circumstances of the offence, including that both the accused and deceased were intoxicated and cohabiting as man and wife. The court found that a custodial sentence was appropriate to allow the accused time for reflection and reform, but determined that a term of 2½ years imprisonment was sufficient in light of the mitigating factors.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to imprisonment for a term of 2½ years.
- Right of appeal explained to the accused.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 36 OF 2011
LESIIT, J.
REPUBLIC ..............................................................................................................….. PROSECUTION
VERSUS
ANTONY KIPCHIRCHIR LANGAT Alias JAMES NJOROGE WANJIRU......................... ACCUSED
RULING IN SENTENCE
The accused was convicted of the offence of manslaughter contrary tosection 202of the Penal Code. This offence causes a maximum sentence of life imprisonment.
I have considered that the accused was arraigned in court on 29th April 2011 and that he has been in custody during the pendency of this trial since then, 4½ years.
I have considered the mitigation given by the defence counsel on behalf of the accused. I have considered he says that he is remorseful for this offence and his age of 37 years of age.
I have considered the circumstances of the offence. The accused and deceased lived together as man and wife and both were drunk at the time of the offence.
The court having considered all these factors and the circumstances of the offence finds that the most suitable sentence will be a term of imprisonment to enable the accused reflect on his life and reform through guidance to be organised by the Prison Services.
The accused is sentenced to imprisonment term of 2½ years.
Right of appeal explained.
DATED AT NAIROBI THIS 14TH DAY OF DECEMBER, 2015.
LESIIT, J.
JUDGE.