[2021] KEHC 2984 (KLR)
The court determined that, despite the accused's family and community being open to reconciliation and her personal circumstances, the gravity of the offence of manslaughter, the concerns of the deceased's family, and the risk of revenge necessitated a custodial sentence. The court found that a non-custodial...
Source-derived case information.
- Citation
- [2021] KEHC 2984 (KLR)
- Parties
- Respondent: Republic; Defendant: Catherine Nkriote
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to 10 years' imprisonment for manslaughter, sentence to run from date of arrest.
- Judges
- CA Otieno
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Guidelines, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Catherine Nkriote
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the pre-sentence report and victim impact statement in determining sentence.
- 3 How the objectives of sentencing and the circumstances of the accused and victims affect the appropriate sentence.
Ratio Decidendi
The court determined that, despite the accused's family and community being open to reconciliation and her personal circumstances, the gravity of the offence of manslaughter, the concerns of the deceased's family, and the risk of revenge necessitated a custodial sentence. The court found that a non-custodial sentence would not adequately serve the interests of justice or allow sufficient time for the victims to heal. Additionally, the accused's issues with alcohol abuse indicated a need for time in a correctional facility for rehabilitation. Balancing these factors, the court imposed a lenient but custodial sentence of 10 years' imprisonment, to be calculated from the date of arrest.
Court Disposition
Accused sentenced to 10 years' imprisonment for manslaughter, sentence to run from date of arrest.
Orders
- The accused is sentenced to 10 years' imprisonment.
- The sentence shall be calculated from the day the accused was arrested.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL CASE NO 21 OF 2019
REPUBLIC...........................................PROSECUTOR
VERSUS
CATHERINE NKIROTE............................ACCUSED
SENTENCE
1. A plea agreement dated 3/2/2021 and filed in court on 23/6/2021, came before court for adoption. Following its adoption, a plea of guilty was entered against the accused for the offence of manslaughter.
2. Pursuant to that plea of guilty having been entered, the court directed that a pre-sentencing and/or a victim impact statement report be filed by the probation officer prior to mitigation and sentencing.
3. The pre-sentence report filed on 30/9/2021 reveals that the accused family as well as the community are open to having her back at home, in order to initiate the reconciliation process. On the other hand, the deceased family feels justice will be served if she is given a custodial sentence.
4. I have taken into account the recommendations made in that report and the mitigation offered by Mr. Igweta, on behalf of the accused. I have equally taken into consideration the sentiments expressed by Mr. Maina for the prosecution.
5. Drawing guidance from the objectives of sentencing in Criminal justice system, and being cognizant of the gravity of the offence for which the accused has been convicted, the age of the accused and that of her children, I find that the circumstances of the case and community situation mitigates against a non-custodial sentence at the moment.
6. When narrations given on how the deceased died and the views of the widow to the deceased as captured in the probation officers report are given due regard, it is difficult to wish away the possibility inclination to revenge. I take into account the victims concern I determine that the accused needs to be kept away a little longer for the victims to heal. In addition, the accused is said to have been taken to abusing alcohol and she may need sometime in the environment of a correctional facility to rethink her life and ways including acquisition of a skill that may engage her once she is released into the community.
7. Having given regard to the above factors, I determine to give the accused a lenient but custodial sentence of 10 years’ imprisonment. The term shall be calculated from the day she was arrested.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 13TH DAY OF OCTOBER, 2021
Patrick J.O Otieno
Judge
In presence of
Mr. Maina for the prosecution
Mr. Igweta for the accused
Accused – present
Patrick J.O Otieno
Judge