[2015] KEHC 1835 (KLR)
The court found that, although the accused was a young man with potential for reform and had already spent 2.5 years in custody, the offence was grave as it involved the killing of his own father following a family disagreement. The social enquiry report indicated strong opposition from the family and community to a...
Source-derived case information.
- Citation
- [2015] KEHC 1835 (KLR)
- Parties
- Applicant: Republic; Defendant: Daniel Omweno Okenyoru
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 18 of 2013
- Procedural Posture
- Criminal Case / Sentencing After Conviction on Plea Bargain
- Outcome
- convicted and sentenced to imprisonment
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Family Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Daniel Omweno Okenyoru
Defendant
Procedural Posture
Criminal Case / Sentencing After Conviction on Plea Bargain
Legal Issues
- 1 Whether the accused should be granted a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the social enquiry report and the views of the family and community in sentencing.
Ratio Decidendi
The court found that, although the accused was a young man with potential for reform and had already spent 2.5 years in custody, the offence was grave as it involved the killing of his own father following a family disagreement. The social enquiry report indicated strong opposition from the family and community to a non-custodial sentence, and highlighted the risk of harm to the accused if released back to the community. Balancing these factors, the court determined that a custodial sentence was warranted to reflect the seriousness of the offence, the need for deterrence, and the prevailing community sentiment. The court therefore sentenced the accused to seven years imprisonment, with...
Court Disposition
convicted and sentenced to imprisonment
Orders
- The accused is sentenced to serve 7 years imprisonment.
- The prison term shall run with effect from the date of his first court appearance being 27th February 2013.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO.18 OF 2013
REPUBLIC..............................................................PROSECUTOR
VERSUS
DANIEL OMWENO OKENYORU......................................ACCUSED
SENTENCE
1. The accused herein DANIEL OMWENO OKENYORU was convicted of the offence of Manslaughter after a plea bargain agreement.
2. The deceased and the accused were father and son respectively and the incident occurred when the accused attacked his own father (the deceased) following a disagreement.
3. A detailed social enquiry report filed by the Probation Officer on 22nd September 2015 is not favourable to the accused as it reveals that the accused’s immediate family members are strongly opposed to his being granted non-custodial sentence. The report goes further to state that there is still so much bitterness and hostility from the accused’s family and community that he stand risk of being lynched if he went back to his home.
4. I take into account the fact that the accused harmed his own father over what appeared to be a normal family disagreement. The accused is however, still a fairly young man who can still reform and be useful to the society. He has been in custody for 2 ½ years awaiting his trial.
5. I sentence the accused to serve7 years imprisonment. The prison term shall run with effect from the date of his first court appearance being 27th February 2013.
6. It is so ordered.
Dated, signed and delivered in open court this 26th day of October, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Mr. Boiyon for the State
Mr. Bigogo for Momanyi for Accused
Omuga: court clerk