[2016] KEHC 3880 (KLR)
The court found that the circumstances leading to the offence, including a domestic dispute escalating to violence, the accused's remorse, the needs of her minor children, and the recommendation of the probation officer, justified a non-custodial sentence. The court considered the one year already spent in custody...
Source-derived case information.
- Citation
- [2016] KEHC 3880 (KLR)
- Parties
- Applicant: Republic; Defendant: Caren Kerubo Omosa
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 39 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to one year probation
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Caren Kerubo Omosa
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 weight should be given to the accused's mitigation and the probation officer's report.
Ratio Decidendi
The court found that the circumstances leading to the offence, including a domestic dispute escalating to violence, the accused's remorse, the needs of her minor children, and the recommendation of the probation officer, justified a non-custodial sentence. The court considered the one year already spent in custody as sufficient deterrence and determined that probation would serve both justice and the welfare of the children. The breakdown of family values and the lack of social support for children in such situations were also noted as relevant factors. Accordingly, the accused was sentenced to one year probation under supervision.
Court Disposition
accused sentenced to one year probation
Orders
- The accused is sentenced to one year probation under the supervision of the Probation Officer of her area.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 39 OF 2015
REPUBLIC………………………..……………………………..PROSECUTOR
VERSUS
CAREN KERUBO OMOSA…………..……..…………..……..….…ACCUSED
SENTENCE
1. CAREN KERUBO OMOSA pleaded guilty to a lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after the initial charge of murder was reduced to manslaughter following a plea bargain agreement between her and the state.
2. The particulars of the offence were that on 22nd June 2015 at Getenga village in Kisii Central District within Kisii County unlawfully caused the death of THOMAS MONGARE NTABO.
3. The accused was convicted following her said guilty plea.
4. The deceased and the accused were husband and wife respectively and on the material day, a disagreement arose between the couple over a piece of the family land that the deceased wanted to sell which sale, the accused was opposed to.
5. The disagreement escalated to a physical duel in which the accused hit the deceased on the head using a club that resulted in his death the following day.
6. In mitigation, Mr. Bigogo for the accused submitted that she was remorseful and deeply regretted having killed her own husband and father of her children two of whom were minors aged 5 years and 3 years.
7. Mr. Bigogo pleaded for a non-custodial sentence for accused while reiterating that her minor children require her care and protection, and that her in-laws had forgiven her.
8. The Probation Officer’s pre-sentencing report recommended a non-custodial sentence.
9. I have considered at the unfortunate circumstances that led to the death of the deceased in the hands of his own wife. It is quite regrettable that the couple decided to settle their differences through a violent confrontation. This case is a testimony of the total breakdown of family and societal values.
10. I am certain that the 1 year stint that the accused has had in custody will serve as an adequate lesson to her to keep off violent confrontations.
11. I have taken into account all the circumstances of this case and the fact that the accused has very young children to fend for now that their father is deceased and our social justice system still does not have clear provision for children who find themselves in such circumstances.
12. I find that a non-custodial sentence would be ideal in this case and I therefore sentence the accused to 1 year probation during which period she will be supervised by the Probation Officer of her area.
Delivered, dated and signed in at Kisii on 28thof July, 2016.
W.A. OKWANY
JUDGE
In the presence of:
- Miss Mbelete for the State
- N/A for the Accused
- Omwoyo court clerk