[2017] KEHC 1825 (KLR)
The court exercised its discretion under section 205 of the Penal Code to impose a non-custodial sentence of probation for three years, rather than imprisonment. This decision was based on the accused being a first offender, her remorse, the reconciliation between the families, the positive Probation Report, and the...
Source-derived case information.
- Citation
- [2017] KEHC 1825 (KLR)
- Parties
- Respondent: Republic; Defendant: Catherine Wanjiru Ngere
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 79 of 2015
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused placed on probation for three years.
- Judges
- AM Cockar
- Legal Topics
- Manslaughter, Sentencing Discretion, Probation Orders, Mitigation, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Catherine Wanjiru Ngere
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to imprisonment or placed on probation for the offence of manslaughter.
- 2 What mitigating and aggravating factors should influence the sentence for manslaughter in this case.
Ratio Decidendi
The court exercised its discretion under section 205 of the Penal Code to impose a non-custodial sentence of probation for three years, rather than imprisonment. This decision was based on the accused being a first offender, her remorse, the reconciliation between the families, the positive Probation Report, and the circumstances of the offence, which arose from a domestic dispute and was not premeditated. The court found that these factors justified a probation order with conditions for good conduct and supervision, rather than a custodial sentence.
Court Disposition
Accused placed on probation for three years.
Orders
- The accused is placed on probation for a period of three years.
- The Probation Department is to organize guidance and counselling sessions for the accused.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT CRIMINAL CASE NO. 79 OF 2015
REPUBLIC ………………………………………..….PROSECUTION
VERSUS
CATHERINE WANJIRU NGERE.........................................ACCUSED
RULING ON SENTENCE
1. The accused was convicted for the lesser charge of manslaughter.
2. The court has considered that the accused is a first offender and that she has been on bond since November, 2015.
3. I have considered mitigation given by her counsel that since the death of the deceased the accused is now a single mother with 2 young children. The accused also indicated that she was remorseful for the offence.
4. The court called for a Probation Report before sentence. I have considered the Report. I note with relief that both families of the accused and deceased did come together, discussed the fateful incident and resolved their differences.
5. I noted that the family of the deceased were ready to accept the courts verdict on sentence.
6. I noted that the accused admitted hitting the deceased with a broken bottle which led to his bleeding and eventual death. She said that she realized the magnitude of her action and acknowledges that a life was lost as a result, which she regrets.
7. The Probation Report was positive to the accused and recommended a Probation sentence.
8. I have considered the circumstances of the offence. The accused was a wife of the deceased for four years. The deceased was drunk at the time of the scuffle. The scuffle was over the accused phone. The incident was unprecedented and that is the reason this court reduced the charge from murder contrary to section 203 of the Penal Code to manslaughter contrary to section 202 of the Penal Code.
9. The sentence for offence of manslaughter is life imprisonment under section 205 of the Penal Code. That provision gives this court discretion to determine the nature of sentence to impose.
10. The accused has confirmed to court that she is willing to serve a Probation term. She has been warned about the conditions she must meet. That she should be of good conduct and should not commit any other offence for the duration of the sentence. That she should keep company of persons of good behaviour. She must obey the Supervising Probation Officer and adhere to conditions set by them.
11. The accused is now placed on Probation for a period of three (3) years. The Probation is directed to organize for Guidance and Counselling session for the accused.
12. Accused has right of appeal against conviction and sentence.
DATED AT NAIROBI THIS 14TH DAY OF JUNE, 2017.
LESIIT, J
JUDGE
14/6/2017