[2015] KEHC 3759 (KLR)
The court found that the accused persons, having pleaded guilty to manslaughter under a plea bargain and having already spent three years and eight months in custody, should not be subjected to further incarceration. The court gave significant weight to the favourable probation reports, the accuseds' family...
Source-derived case information.
- Citation
- [2015] KEHC 3759 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Kamau Njuguna; Defendant: Salome Wanjiku Kamau
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 50 of 2011
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
- Outcome
- Both accused sentenced to three years probation.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Kamau Njuguna
Defendant
Salome Wanjiku Kamau
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction on Plea Bargain
Legal Issues
- 1 Whether the accused persons should be sentenced to a custodial or non-custodial sentence after conviction for manslaughter on plea bargain.
- 2 What weight should be given to the period already spent in custody and the welfare of the accuseds' children.
Ratio Decidendi
The court found that the accused persons, having pleaded guilty to manslaughter under a plea bargain and having already spent three years and eight months in custody, should not be subjected to further incarceration. The court gave significant weight to the favourable probation reports, the accuseds' family situation, and the welfare of their young children, who had been deprived of parental care during the period of incarceration. The judge determined that justice would best be served by imposing a non-custodial sentence of probation, thereby balancing the need for punishment with the need for mercy and rehabilitation. The court also issued a warning against re-offending and explained...
Court Disposition
Both accused sentenced to three years probation.
Orders
- Each accused is sentenced to three years probation.
- Accused persons are warned against re-offending.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMNAL CASE NO. 50 OF 2011
REPUBLIC.....................................................PROSECUTOR
VS.
CHARLES KAMAU NJUGUNA.........................1ST ACCUSED
SALOME WANJIKU KAMAU............................2ND ACCUSED
RULING
Both accused persons were charged with the offence of Murder Contrary to Section 203 as read with Section 204 of the Penal Code which was reduced to Manslaughterafter plea bargaining.
They were therefore convicted of Manslaughter Contrary to Section 202as read with Section 205 of the Penal Code.
The circumstances leading to this unfortunate incident, are clear from the facts. The deceased who is said to have been an abuser of alcohol was found at the accused's house on the Church compound in unclear circumstances.
The social inquiry reports filed herein confirm that the accused persons are husband & wife.
They have been moving up and down as a result of the clashes that led to their displacement.
The couple has young children who need their guidance at these delicate stages of their lives.
The accused persons have been in custody since their arrest on 7th November 2011 ( A period of 3 years 8 months)
During their period of incarceration their young children have not had a steady upbringing given that they have had to stay with their 80 year old grandmother.
This is a case where the Court tampers Justice with mercy.
The reports filed by the Probation Officer are favourable.
I therefore Sentence each accused to three (3) years probation.
They are warned against re-offending.
Conditions explained to them.
Dated, Signed and Delivered in open Court this 15th day of July 2015.
H.I ONG'UDI
JUDGE
In the presence of:
M/s Mwangi for state
Mr. Nyaingiri for Motanya for accused
Both accused prsent.
Hillary – Court Assistant.