[2016] KEHC 2842 (KLR)
The court found that although the accused was a first offender and had entered into a plea bargain resulting in a conviction for manslaughter instead of murder, the use of excessive force in self-defence and the strained relationship between the families of the accused and the deceased militated against a...
Source-derived case information.
- Citation
- [2016] KEHC 2842 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Oino Okemwa
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 31 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to five years imprisonment for manslaughter
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Self Defence, Mitigation, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Oino Okemwa
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence after conviction for manslaughter.
- 2 Whether the plea bargain and mitigation factors warrant leniency in sentencing.
Ratio Decidendi
The court found that although the accused was a first offender and had entered into a plea bargain resulting in a conviction for manslaughter instead of murder, the use of excessive force in self-defence and the strained relationship between the families of the accused and the deceased militated against a non-custodial sentence. The probation officer's report did not recommend a non-custodial sentence. Consequently, the court determined that a custodial sentence was appropriate and sentenced the accused to five years imprisonment.
Court Disposition
accused sentenced to five years imprisonment for manslaughter
Orders
- The accused Charles Oino Okemwa is sentenced to five years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 31 OF 2015
REPUBLIC………………………..…………….…..PROSECUTOR
VERSUS
CHARLES OINO OKEMWA……….…….......…………ACCUSED
SENTENCE
1. The accused was convicted of a lesser charge of manslaughter after a plea bargain agreement that saw the initial charge of murder reduced to that of manslaughter.
2. After the conviction and mitigation by Mr. Moseti Counsel for the accused, the trial court, presided over by Karanjah J noted that the accused was a first offender even though he had used excessive force in self defence against the deceased that led to the death of the deceased.
3. The trial court however noted that the accused may be accorded leniency by way of a non-custodial sentence whereupon the court directed the Probation Officer to submit a presentencing report.
4. I have perused the Probation Officer’s report filed herein and I note that it does not recommend a non custodial sentence because of the apparent strain in the relationship between the family of the victim and that of the accused.
5. It is in view of the above considerations that I hereby sentence the accused CHARLES OINO OKEMWA to 5 years imprisonment.
Delivered, dated and signed in at Kisii on 13th of September, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mr. Otieno for the State
Accused in person
Omwoyo court cler