[2023] KEHC 23040 (KLR)
The court determined that, although it has discretion in sentencing for manslaughter, fairness and justice require that both accused persons, having committed the same offence under similar circumstances, should receive equal treatment before the law. The court considered the mitigating factors presented by the...
Source-derived case information.
- Citation
- [2023] KEHC 23040 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Mukundi Chege
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 2 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain
- Outcome
- Accused convicted of manslaughter on plea of guilty and sentenced to 10 years imprisonment from date of arrest.
- Judges
- CW Githua
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, Mitigation, Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Mukundi Chege
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain
Legal Issues
- 1 Whether the accused should receive a sentence equal to his co-accused following a plea bargain for manslaughter.
- 2 What mitigating and aggravating factors should influence the sentence for manslaughter in this case.
Ratio Decidendi
The court determined that, although it has discretion in sentencing for manslaughter, fairness and justice require that both accused persons, having committed the same offence under similar circumstances, should receive equal treatment before the law. The court considered the mitigating factors presented by the accused, including his remorse, lack of prior convictions, and the period already spent in custody. However, the aggravating factors, including the unprovoked and fatal attack on the deceased, were also weighed. The court found that a sentence of 10 years imprisonment, identical to that imposed on the co-accused, was appropriate and just, with the sentence to run from the date of...
Court Disposition
Accused convicted of manslaughter on plea of guilty and sentenced to 10 years imprisonment from date of arrest.
Orders
- The accused is sentenced to serve 10 years imprisonment effective January 9, 2014.
- Orders accordingly.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Chege (Criminal Case 2 of 2014) [2023] KEHC 23040 (KLR) (3 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23040 (KLR)
Republic of Kenya
In the High Court at Murang'a
Criminal Case 2 of 2014
CW Githua, J
October 3, 2023
Between
Republic
Prosecutor
and
Evans Mukundi Chege
Accused
Ruling
1. The accused, Evans Mukundi Chege was initially charged jointly with another, Henry Chege Kamau with the offence of murder contrary to Section 202 as read with Section 204 of thePenal Code. They both pleaded not guilty and case was set for trial.
2. The court record shows that on May 21, 2019, the 1st accused was convicted on his own plea of guilty of the lesser charge of manslaughter after a plea bargain agreement was recorded and adopted by the court. He was sentenced to serve 10 years imprisonment with effect from the date of his arrest which was January 9, 2014. The second accused who is the subject of the instant ruling refused to join the 1st accused in plea bargaining and his case proceeded for trial.
3. After two witnesses had testified, the 2nd accused (the accused) changed his position and executed a plea bargain agreement. The same was accepted and adopted by the court on September 19, 2023 and on the same day, the accused was convicted on his own plea of guilty of the offence of manslaughter.
4. In the plea in mitigation made on his behalf by his learned counsel Mr Njiraini, the court was urged to be lenient and merciful when sentencing the accused because he was remorseful and he regretted what happened during the incident in which the deceased lost his life. It is not disputed that the accused was the deceased’s uncle. The facts of the case show that the accused armed himself with a panga and for no good reason and without any provocation joined accused 1 in attacking the deceased causing him fatal injuries.
5. I have considered the fact that the accused is a first offender and that he has been in custody since January 9, 2014. Mr Njiraini has submitted that during the period he has been in custody, he has introspected on his life and has learnt his lesson. I have considered these mitigating factors alongside the aggravating factors and the objectives of sentencing as set out in the Judiciary’s sentencing policy guidelines of 2016 which includes retribution, rehabilitation, restorative justice and community protection and denunciation.
6. It is not lost on me that the offence of manslaughter attracts a maximum sentence of life imprisonment but considering that the accused’s co-accused was sentenced to 10 years imprisonment for the same offence, I find that although I have discretion to sentence the accused to a lesser or longer sentence, it would not be fair and just to do so since having committed the same offence under similar circumstances, both accused should be accorded equal treatment before the law.1. In the circumstances, the accused is sentenced to serve 10 years imprisonment which shall take effect from January 9, 2014. 2.It is so ordered.
DATED, SIGNED and DELIVERED at MURANG’A this 3RD day of OCTOBER, 2023. C. W GITHUAJUDGEIN THE PRESENCE OF:THE ACCUSEDSMr MBUE NDEGWA HOLDING BRIEF FOR Mr R.M. NJIRAINI FOR THE ACCUSEDMS MURIU FOR THE STATEMR. QUINTEEN COURT ASSISTANT