[2016] KEHC 3869 (KLR)
The court found that the accused, having been convicted of manslaughter for killing his father under circumstances involving frequent quarrels and provocation, had already spent 6 years in remand custody. The court considered the accused's remorse, health conditions, and the recommendation of the Probation Officer...
Source-derived case information.
- Citation
- [2016] KEHC 3869 (KLR)
- Parties
- Applicant: Republic; Respondent: C K M
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 106 of 2010
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to one year probation under supervision of the Probation Officer.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Probation, Remand Custody, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
C K M
Respondent
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the period spent in remand custody and the accused's health and mitigation warrant leniency.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter for killing his father under circumstances involving frequent quarrels and provocation, had already spent 6 years in remand custody. The court considered the accused's remorse, health conditions, and the recommendation of the Probation Officer for a non-custodial sentence. The judge concluded that the lengthy remand period served as sufficient punishment and deterrence, making the accused a suitable candidate for probation. Accordingly, the court sentenced the accused to one year of probation under supervision, rather than imposing a further custodial sentence.
Court Disposition
Accused sentenced to one year probation under supervision of the Probation Officer.
Orders
- The accused is sentenced to 1 year probation during which period he will be supervised by the Probation Officer of his area.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 106 OF 2010
REPUBLIC….....................PROSECUTOR
VERSUS
C K M……...................……..…ACCUSED
SENTENCE
1. The accused person herein, C K Mwas, by a judgment delivered by Karanjah J. on 21st June, 2016 found guilty of the offence of manslaughter contrary to Section 202 as read with Section 205 of Penal Codeand was consequently convicted.
2. In mitigation, Mr. Nyagwencha advocate for the accused submitted that he was remorseful for killing his own father and had since reformed. He added that the accused was diabetic, was HIV positive and had been in custody for the last 6 years.
3. The court then called for the Probation Officer’s report before sentencing which report has been filed.
4. I have perused the said Probation Officer’s report and I note that it contains a recommendation for a non-custodial sentence.
5. I have perused the judgment of Justice Karanjah and noted the circumstances that led to the death of the deceased after an assault by the accused herein. I also note that the deceased and the accused were father and son respectively and that they had frequent quarrels occasioned by the deceased’s drunkenness.
6. I have also taken into consideration the mitigation tendered by counsel for the accused and more specifically, the fact that he has been in custody for the last 6 years while awaiting his trial. I am certain that the accused’s long stay in remand custody has served as adequate lesson to him to respect his elders and to steer clear of violent confrontations.
7. After due consideration of all the circumstances surrounding this case, I come to the conclusion that the accused is a suitable candidate for a non-custodial sentence.
8. It is for the above reasons that I hereby sentence the accused to 1 year probation during which period he will be supervised by the Probation Officer of his area.
Delivered, dated and signed in at Kisii on 27TH of JULY, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mbelete for the State
Soire for the Accused
Omwoyo court clerk