[2020] KEHC 8743 (KLR)
The court accepted the plea agreement reducing the charge to manslaughter and considered the Sentencing Policy Guidelines, the presentencing report recommending probation, and the reconciliation and partial compensation between the families. The court determined that a blended sentence of three years in custody...
Source-derived case information.
- Citation
- [2020] KEHC 8743 (KLR)
- Parties
- Applicant: Republic; Defendant: Antony Mwangi Kimani alias Kulio
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- J Wakiaga
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Guidelines, Probation, Mitigation, Restorative Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Antony Mwangi Kimani alias Kulio
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the plea agreement reducing the charge from murder to manslaughter was properly entered into and accepted by the court.
- 2 What is the appropriate sentence for the offence of manslaughter in light of the Sentencing Policy Guidelines, the presentencing report, and the circumstances of the case.
Ratio Decidendi
The court accepted the plea agreement reducing the charge to manslaughter and considered the Sentencing Policy Guidelines, the presentencing report recommending probation, and the reconciliation and partial compensation between the families. The court determined that a blended sentence of three years in custody (with time already served to be considered) followed by three years on probation would serve the interests of justice, rehabilitation, and societal reintegration. The court emphasized the importance of restorative justice and the role of probation in facilitating the convict's resettlement into society.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to six years for manslaughter: three years in custody from 11th May, 2017, and three years thereafter on probation.
- The probation officer shall supervise the accused during the probation period to facilitate rehabilitation and resettlement.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
HIGH COURT CRIMINAL CASE NO. 20 OF 2017
REPUBLIC......................................................................................PROSECUTOR
VERSUS
ANTONY MWANGI KIMANI alias KULIO........................................ACCUSED
RULING ON SENTENCE
1. By a plea agreement recorded by the court having been entered into between the prosecution and the defence the convicts initial charge of murder was reduced to manslaughter to which he pleaded guilty.
2. In compliance with the Sentencing Policy Guidelines this court ordered for presentencing report, where it has been recommended that the convict be placed on probation. It was further observed that the family of the accused and the deceased had reconciled and through what this court calls “Ngamia” jurisprudence, compensation has been paid partly. Having looked at the mitigation of the convict I hereby sentence him to six years to be served as follows:-
a) Three (3) years in custody from 11th May, 2017 in compliance with the provisions of Section 333 of Criminal Procedure Code.
b) Three (3) years thereafter on probation so as to be rehabilitated by the probation officer and resettled in society and it is so ordered.
Dated, signed, delivered at Nairobi this 23rd day of January, 2020
........................
J. WAKIAGA
JUDGE
In the presence of:-
Ms Gikonyo for the State
Ms Odembo for the accused
court assistant: Karwitha
Accused person present