[2015] KEHC 4243 (KLR)
The court found that the accused, having pleaded guilty to manslaughter, was entitled to a sentence that recognized both the gravity of the offence and his personal circumstances. The court considered the accused's age, family situation, and the period already spent in custody since 2012. The judge determined that a...
Source-derived case information.
- Citation
- [2015] KEHC 4243 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Lombo Osewe
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2013
- Procedural Posture
- Criminal Murder Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to four years imprisonment, with time in custody to be considered.
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigating Factors, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Lombo Osewe
Defendant
Procedural Posture
Criminal Murder Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter rather than murder.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter, was entitled to a sentence that recognized both the gravity of the offence and his personal circumstances. The court considered the accused's age, family situation, and the period already spent in custody since 2012. The judge determined that a custodial sentence of four years, with credit for time served, was appropriate to reflect the loss of life while allowing the accused an opportunity for reform.
Court Disposition
convicted of manslaughter and sentenced to four years imprisonment, with time in custody to be considered.
Orders
- The accused is sentenced to four (4) years imprisonment.
- The period already spent in custody since 2012 shall be taken into account in computing the sentence.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT HOMA BAY
CRIMINAL(MURDER) CASE NO. 7 OF 2013
BETWEEN
REPUBLIC …………………………………………..………PROSECUTOR
AND
CHARLES LOMBO OSEWE ……………………………......….. ACCUSED
SENTENCE
The accused was initially charged with the murder of SOSPETER WANDERE OTIENO which occurred on 6th May 2012 at Rabwora village, Rangwe District, He has now pleaded guilty to the offence of manslaughter.
The brief facts of the case were that on the material day he had been drinking with the deceased and others and after leaving the chang’aa den, he had a fight with deceased over a phone and money. He hit the deceased with a rungu and as result the deceased died. The accused was arrested at a chang’aa den on the next day.
I have considered the facts of the case and the accused personal circumstances. He is aged 27 years old with two children who stay with his aged mother. The evidence as it emerged at the hearing is that of a young man who likes drinking. He has been in custody since the year 2012.
I think a term of imprisonment that recognizes the loss of life and gives him an opportunity to reform is appropriate. I therefore sentence him to four (4) years imprisonment. Such time of imprisonment to take into account the time he has been in custody.
DATED and DELIVERED at HOMA BAY on 1st July 2015
D.S MAJANJA
JUDGE
Ms Ongeti, Prosecuting Counsel, instructed by the Director of Public Prosecutions for the State.
Mr Odero instructed by Odero Osiemo and Company Advocates for the Accused.