[2016] KEHC 6931 (KLR)
The court determined that, despite the accused's youth, first offender status, and the deceased's role as the aggressor in a family farm dispute, the use of excessive force with a sharp weapon resulting in the death of an elderly and weaker victim warranted a custodial sentence. The court found that a non-custodial...
Source-derived case information.
- Citation
- [2016] KEHC 6931 (KLR)
- Parties
- Respondent: Republic; Defendant: Athman Salim Bakio
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Athman Salim Bakio
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating and aggravating factors should influence the sentence for manslaughter under a plea bargain.
Ratio Decidendi
The court determined that, despite the accused's youth, first offender status, and the deceased's role as the aggressor in a family farm dispute, the use of excessive force with a sharp weapon resulting in the death of an elderly and weaker victim warranted a custodial sentence. The court found that a non-custodial sentence would not be appropriate given the gravity of the offence and the circumstances of the killing. The accused's plea of guilty, time already spent in custody, and mitigating circumstances were considered, but did not outweigh the need for a custodial sentence. Accordingly, the court sentenced the accused to six years imprisonment for manslaughter.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve six (6) years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 18 OF 2014
REPUBLIC ………………………………………….. PROSECUTOR
V E R S U S
ATHMAN SALIM BAKIO ………………........………… ACCUSED
SENTENCE
I have considered this matter. The accused person was initially charged with the offence of murder contrary to section 203 as read with 204 of the Penal Code. However, in a plea bargaining arrangement entered into between himself and his counsel on the one hand, and the State on the other hand under Section 137A of the Criminal Procedure Code (cap.75), the accused pleaded guilty to the lesser offence of manslaughter contrary to section 202 as read with 205 of the Penal Code(cap.63). The maximum sentence for the offence of manslaughter is life imprisonment.
The admitted facts which are in writing and are part of the plea bargain, give the circumstances of the offence. The accused’s counsel Mr. Onono has also made strong points in his mitigation for the accused. He has said that the accused is a young man with a young family. That the deceased was the grandfather for the accused. That the deceased was the aggressor in a farm dispute. That the accused will remain with a stigma in his family for the rest of his life.
The Assistant Director of Public Prosecutions Mr. Wanyonyi has said that the offence is serious, but urgent the court to use its discretion in deciding the appropriate sentence. He has said that the accused be treated as a first offender.
I have taken in mind the circumstances and facts of the case. I have also taken in mind that the accused pleaded guilty and did not waste the court’s time. I have taken into account that the accused is a first offender, and that the deceased was the aggressor to the wife of the accused in relation to a farm dispute.
However, a life has been lost. The deceased was certainly an old man and weaker than the accused. There is no evidence that the accused suffered any injuries in a fight or a struggle with the deceased. The force used with a sharp weapon was excessive. In my view therefore a non custodial sentence is not appropriate. The accused is said to be about 19 or 20 years old now. He has been in custody since September 2014.
I sentence him to serve six (6) years imprisonment.
Dated and Delivered in Garissa this 16th day of February 2016.
GEORGE DULU
JUDGE