[2021] KEHC 7352 (KLR)
The court found that the accused unlawfully killed the deceased during a fight that was not premeditated, and both parties were armed. The accused admitted the charge and facts, and the pre-sentencing report was favorable. The court considered the four years already spent in custody and, applying Section 333(2) of...
Source-derived case information.
- Citation
- [2021] KEHC 7352 (KLR)
- Parties
- Applicant: Republic; Defendant: Cetric Atoti Kusinjiri
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to two years imprisonment from the date of the ruling
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Pre Sentencing Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Cetric Atoti Kusinjiri
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be convicted of manslaughter instead of murder.
- 2 What is the appropriate sentence for the accused considering the circumstances and time spent in custody.
Ratio Decidendi
The court found that the accused unlawfully killed the deceased during a fight that was not premeditated, and both parties were armed. The accused admitted the charge and facts, and the pre-sentencing report was favorable. The court considered the four years already spent in custody and, applying Section 333(2) of the Criminal Procedure Code, determined that a further custodial sentence of two years was appropriate. The sentence reflects the seriousness of the offence, the circumstances of the altercation, the lack of premeditation, and the accused's time in remand.
Court Disposition
accused sentenced to two years imprisonment from the date of the ruling
Orders
- The accused is sentenced to serve two years imprisonment from the date of this ruling.
- Time spent in custody since 19th July 2017 is taken into account under Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU
CRIMINAL CASE NO. 34 OF 2017
REPUBLIC……………………………………….……..PROSECUTOR
VERSUS
CETRIC ATOTI KUSINJIRI.................................................ACCUSED
RULING ON SENTENCING.
1. The accused was charged with the offence of murder which was later reduced to manslaughter under Section 202 as read with 205 of the Penal Code
2. The particulars of the charge were that on the 9th day of July 2017 at Lakeview estate Nakuru town within Nakuru county unlawfully killed Douglas Muchemi Mathenge.
3. The accused admitted the charge as well as the statements as read out by the prosecution. The court ordered for a pre-sentencing report which has been availed. The same is positive and is in accord with the mitigation by the accused.
4. What is evident is that the accused fought with the deceased in a drinking dent over a love triangle. There was no evidence that the fight was premeditated. Both the accused and the deceased were armed with knives. As a result of the injury afflicted upon the deceased he was rushed to the hospital for treatment and he unfortunately died on 17th July 2017.
5. The accused has been in custody from the time of his arrest and specifically from the date he was arraigned in court on 19th July 2017 which is about 4 years.
6. By tint of Section 333(2) of the Criminal Procedure Code, the above period is taken into consideration in this ruling.
7. For the foregoing reasons and considering the favourable report by the probation officer filed in court on 4th May 2021, the accused is hereby sentenced to serve Two (2) years imprisonment from the date herein.
8. He has a right of appeal.
9. DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 6TH DAY OF MAY 2021.
H K CHEMITEI.
JUDGE.