[2015] KEHC 4621 (KLR)
The court found that the prosecution failed to prove malice aforethought required for murder beyond reasonable doubt but established unlawful killing amounting to manslaughter under section 202 of the Penal Code. The court considered the circumstances of the offence, including the excessive force used by the accused...
Source-derived case information.
- Citation
- [2015] KEHC 4621 (KLR)
- Parties
- Applicant: Republic; Defendant: Chrispinus Natemenya Khakali
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 98 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to twenty years' imprisonment
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Excessive Force, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Chrispinus Natemenya Khakali
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of murder or a lesser offence of manslaughter.
- 2 What sentence is appropriate for the offence of manslaughter under the circumstances.
Ratio Decidendi
The court found that the prosecution failed to prove malice aforethought required for murder beyond reasonable doubt but established unlawful killing amounting to manslaughter under section 202 of the Penal Code. The court considered the circumstances of the offence, including the excessive force used by the accused and the fatal nature of the attack, as well as the mitigating factors presented by the defence. Despite the accused's remorse and family circumstances, the court held that a custodial sentence was warranted due to the gravity of the offence and the need for deterrence. The accused was sentenced to twenty years' imprisonment.
Court Disposition
convicted of manslaughter and sentenced to twenty years' imprisonment
Orders
- The accused Chrispinus Natemenya Khakali is sentenced to twenty (20) years’ imprisonment.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 98 OF 2013
REPUBLIC……………………………..PROSECUTOR
VERSUS
CHRISPINUS NATEMENYA KHAKALI……ACCUSED
SENTENCE
Chrispinus Natemenya Khakali was charged with murder contrary to section 203 read with section 204 of the Penal Code. After reviewing the evidence of nine (9) prosecution witnesses and one (1) defence witness, this court found the offence of murder not proved beyond reasonable doubt. Instead this court convicted the Chispinus of manslaughter under section 202 of the Penal Code which in the view of this court has been proved beyond reasonable doubt.
In mitigation before sentence Mr. Wanyanga for the accused told the court that the accused is remorseful for having caused the death of the deceased; that the accused is a father of two young children and he was the sole bread winner for the family before he was arrested; that he was employed before his arrest but that he lost his job while in custody. He stated further that the accused has since reformed and turned to faith and has already been awarded three certificates by the Gospel Faith Messenger Ministry. Mr. Wanyanga mitigated that the accused acted in anger but he now knows what he did was wrong and he ought to have turned away from the situation that led to the death of his wife. He urged the court to give him a lenient sentence to enable him reunite with his children and provide for them.
I have considered the circumstances surrounding the commission of this offence. No matter how serious the circumstances that led to the quarrel and ultimately the stabbing of the deceased, the accused had no right to take a life. He used excessive force under the circumstances and he must pay for the crime committed. This court is alive to the fact that there are young children involved but this alone will not persuade this court to let the accused go scot-free. It was inhuman to stab the deceased those many times which stabling was fatal. In addition the accused went ahead and clobbered the deceased with a metal bar. A custodial sentence befits this crime. I have considered that manslaughter attracts a life sentence under section 205 of the Penal Code. I have considered that the accused has been in custody since September 2013 which is under two years. In my view the accused deserves a deterrent sentence and I hereby sentence the accused Chrispinus Natemenya Khakali to twenty (20) years’ imprisonment. It is so ordered.
Dated, signed and delivered this 12th day of May 2015.
S. N. Mutuku
Judge