[2015] KEHC 23 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and spent three years in custody, was positively regarded by the community and the victim's family, who were willing to forgive and support his reintegration. The probation report indicated strong prospects for rehabilitation and no prior...
Source-derived case information.
- Citation
- [2015] KEHC 23 (KLR)
- Parties
- Respondent: Republic; Defendant: Benard Njoga Amenya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 145 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to two years non-custodial sentence under probation 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
Benard Njoga Amenya
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.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and spent three years in custody, was positively regarded by the community and the victim's family, who were willing to forgive and support his reintegration. The probation report indicated strong prospects for rehabilitation and no prior criminal record. In light of these mitigating factors and the absence of aggravating circumstances, the court determined that a non-custodial sentence, supervised by a probation officer, was appropriate to facilitate the accused's reintegration and rehabilitation.
Court Disposition
Accused sentenced to two years non-custodial sentence under probation supervision.
Orders
- The accused is sentenced to two years non-custodial sentence to be supervised by the probation officer of the area.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO 145 OF 2012
REPUBLIC …………………………….......PROSECUTOR
=VERSUS=
BENARD NJOGA ASMENYA ……………….....ACCUSED
SENTENCING
The accused person, Benard Njoga Amenya pleaded to the less offence of manslaughter contrary to s.202 as read with 205 of the penal code through the process of plea bargaining on 16/07/2015
The particular are on the 7th June 2012 at Endiba village in Kiabonyoru Location in Nyamira County, unlawfully caused the death of James Amenya Kinanga.
The court called for probation report which we filed in Court on 15th July 2015. In the said repay, accused is aged 25years he is married but separated but has two children, aged between 12 and 4 years respectively.
He is social and has strong ties with the local community.
The victim's family is willing to forgive the accused saying the incident was accidental. They even describe him as a responsible person who is hard working. They are ready to welcome him and accord him much needed support.
His own family expressed a positive attitude towards the accused person
They blame his action that he neglected them for a long time and also the fact that he used to take proceeds from their land to other family without caring his own.
The local community, perceives him positively. They claim the incident was sudden and they were taken by surprise. They describe him as a humble and responsible person without any other trace of criminal tendencies. The local administrator shared the same sentiments as the community members and offered to closely monitor him for positive change as well as to assist in the resettlement and reintegration process.
Accordingly, this court takes into account that he has been in custody for now three (3) years.
The court will therefore sentence the accused to two years non-custodial sentence to be supervised by the probation officer of the area.
It so ordered
Dated and delivered at Nyamira this 13th day of November, 2015.
C. B. NAGILLAH
JUDGE
In the presence of:-
Malesi for the State
Sagwe (Nyamwange) hold brief for Sagwe for the Accused person
Mercy- Court Clerk