[2012] KEHC 797 (KLR)
The court considered that the accused hit the deceased with fists during a drunken quarrel, with no weapon used, and that the accused had no previous criminal convictions. The accused had already spent about two years in custody. Taking into account the mitigation, the lack of aggravating factors, and the probation...
Source-derived case information.
- Citation
- [2012] KEHC 797 (KLR)
- Parties
- Respondent: Republic; Defendant: Bernard Musyoki Kisambu
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 65 of 2010
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to six months imprisonment
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Custodial Sentence
- 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
Respondent
Bernard Musyoki Kisambu
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of causing death in the circumstances described.
- 2 Whether mitigation and lack of previous convictions should affect the sentence.
Ratio Decidendi
The court considered that the accused hit the deceased with fists during a drunken quarrel, with no weapon used, and that the accused had no previous criminal convictions. The accused had already spent about two years in custody. Taking into account the mitigation, the lack of aggravating factors, and the probation report, the court found that a custodial sentence of six months was appropriate. The sentence reflects the court's view that the circumstances did not warrant a lengthy imprisonment, and that the period already spent in custody was a significant factor in mitigation.
Court Disposition
accused sentenced to six months imprisonment
Orders
- The accused is sentenced to serve six months imprisonment.
- Right of appeal on sentence within 14 days.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
High Court at Machakos
Criminal Case 65 of 2010 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif][if gte mso 9]><![endif][if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif][if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; font-size:10. 0pt;"Times New Roman","serif";} </style> <![endif]
REPUBLIC
VERSUS
BERNARD MUSYOKI KISAMBU …..………….…………………………………......… ACCUSED
S E N T E N C E
I have considered the circumstances of the case and the mitigation, as well as the Probation Report. The accused hit the deceased with fists. No weapon was used. The two were drunk. They had a quarrel before the scuffle. The accused has no known previous criminal conviction. He has been in custody since 2010, about two years now. I sentence him to serve six (6) months imprisonment. He may appeal on sentence within 14 days.
Dated at Machakos this 15thday of November2012.
George Dulu
Judge
In presence of:-
N/A for State
Mr Wachira holding brief for Mr Kimeu for Accused
Mutinda – Court clerk