[2015] KEHC 17 (KLR)
The court found that the accused had already spent over two years in custody since his arrest and had demonstrated remorse for his actions. The court considered his personal circumstances, including the loss of his daughter, abandonment by his wife, and his willingness to reintegrate into society with the support of...
Source-derived case information.
- Citation
- [2015] KEHC 17 (KLR)
- Parties
- Respondent: Republic; Defendant: B M N
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2015
- Procedural Posture
- Criminal Trial / Sentencing
- Outcome
- accused sentenced to three years non-custodial supervision
- Judges
- CB Nagillah
- 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
B M N
Defendant
Procedural Posture
Criminal Trial / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the period already spent in custody and the accused's remorse.
Ratio Decidendi
The court found that the accused had already spent over two years in custody since his arrest and had demonstrated remorse for his actions. The court considered his personal circumstances, including the loss of his daughter, abandonment by his wife, and his willingness to reintegrate into society with the support of his brother. The court determined that a non-custodial sentence, supervised by the Probation Officer, would serve the interests of justice, rehabilitation, and community safety. Accordingly, the accused was sentenced to three years non-custodial supervision.
Court Disposition
accused sentenced to three years non-custodial supervision
Orders
- The accused is sentenced to three years non-custodial sentence to be supervised by the Probation Officer of the area where he resides.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
HIGH COURT Criminal No.33 Of 2015
REPUBLIC ………..STATE
-VERSUS-
B M N ……..….ACCUSED
SENTENCING
The accused person, B M N was earlier on charged with the offence of murder Contrary to Section 203 as read with Section 204 of the Penal Code. However, on 22/07/2015 through the process of plea bargaining, he now pleaded to a lesser offence of manslaughter contrary to Section 203 as read with Section 205 of the penal Code. The particulars thereof being that on or about the 18th September, 2013 at Omobiro village in Nyarnira North District within Nyamira County caused the death of C M M. The deceased was his daughter.
The accused is married with three children, after the death of the fourth one. His wife left him and went to her maiden home with the said surviving children.
Unfortunately his parents passed on. He is, however, remorseful. He pleads for leniency.
He has a brother who has been visiting in custody and is ready and willing to help him reintegrate in his community and society at large. He is a peasant farmer. He intends to continue to do the same to earn a living. On balance, he prays for non-custodial sentence to be supervised by the Probation Officer from his area.
This court, accordingly, will take into account that since his arrest after the offence of 18th September, 2013, he has been in custody far well of two years, a stint from which he has taken lessons on the fact of living harmoniously with those in society and to control his temper on chastising his children.
This court would therefore sentence the accused person to three years non-custodial sentence to be supervised by the Probation Officer of the area where he resides.
It is so ordered.
Dated and delivered at Nyamira this 11th day of December, 2015.
C. B. NAGILLAH
JUDGE
In the presence of:
Nyamwange hold brief for Sagwe for accused person
Malesi for the State
Mercy Court Clerk