[2017] KEHC 5742 (KLR)
The court found that the prosecution had not proved murder but had established the offence of manslaughter. In determining the sentence, the court considered the seriousness of the offence, the accused's role as a police officer, the failed mediation efforts, the victim impact statement, and the accused's status as...
Source-derived case information.
- Citation
- [2017] KEHC 5742 (KLR)
- Parties
- Applicant: Republic; Defendant: Benard Mbuvi Kasia
- Court
- High Court
- Court Station
- High Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to five years imprisonment
- Judges
- DB Nyakundi
- Legal Topics
- Manslaughter, Sentencing Guidelines, Police Misconduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Benard Mbuvi Kasia
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of murder or manslaughter.
- 2 What is the appropriate sentence for the offence of manslaughter committed by a police officer.
Ratio Decidendi
The court found that the prosecution had not proved murder but had established the offence of manslaughter. In determining the sentence, the court considered the seriousness of the offence, the accused's role as a police officer, the failed mediation efforts, the victim impact statement, and the accused's status as a first offender. The court held that while the maximum penalty for manslaughter is life imprisonment, the circumstances warranted a lesser sentence. The breach of duty by a police officer was an aggravating factor, but mitigation and the pre-sentence report justified a custodial sentence of five years.
Court Disposition
convicted of manslaughter and sentenced to five years imprisonment
Orders
- The accused is sentenced to five years imprisonment.
- The right of appeal within 14 days is explained to the accused.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAJIADO
CRIMINAL CASE NO. 20 OF 2015
REPUBLIC.....................PROSECUTOR
Versus
BENARD MBUVI...................ACCUSED
SENTENCE
Benard Mbuvi Kasia you were initially charged with the offence of murder contrary to section 203 of the Penal Code. You pleaded not guilty to the charge on the allegations that on 20th June 2014 at Kisaju township Isinya you unlawfully killed Benson Kipere the prosecution called eleven witnesses in support of the charge.
At the conclusion of the trial this court made a finding that the offence proven was that of manslaughter contrary to section 202 of the Penal Code. That is the offence I set to pass sentence against you. During the sentencing hearings Mr. Akula stated that the offence is serious. It was also brought to attention of the court that you committed this offence while employed with the Kenya Government as a police officer. You had a duty to protect the deceased and not to cause harm.
Mr. Musyimi in a detailed submissions gave mitigation on your behalf. Mr. Musyimi touched on your personal life, family and circumstances leading to the present offence. Learned counsel also alluded to victim offender mediation initiated to make contact with the family of the deceased. One of the issue flagged was for you to offer some kind of ‘pole’ as stipulated under Maasai customary law and culture. The mediation however did not bear any fruits. I have also the victim impact statement by the father to the deceased. In his statement he looked up to this court for justice in enforcing the law.
In this case I consider the mitigation, and the report that you are a first offender. The pre-sentence report has also been taken into account. The disputed facts reveal that you worked as a police officer during the circumstances of this offence. You ought to have been more vigilant and conscious of your action as a member of the disciplined force. The charge I have found you guilty provides for a maximum sentence of life imprisonment.
As I embark on the appropriate penalty I take into account all the materials placed before me and the circumstances of this offence. The seriousness of the offence cannot be underscored. On my part in punishing you for the crime I sentence you to five (5) years imprisonment. 14 days right of appeal explained.
Dated, delivered and signed in open court at Kajiado on 15th day of May, 2017.
…………………………………..
R. NYAKUNDI
JUDGE
Representation:
Mr. Musyimi for accused present
Mr. Naikuni for the family present
Mr. Akula for Director of Public Prosecutions present
Mr. Leonard Court Assistant
Accused present