[2023] KEHC 18830 (KLR)
The court found that while the accused was a first offender, pleaded guilty, and had been in custody for approximately nine months, the offence involved the loss of life through the use of excessive force against a close relative. Balancing the mitigating factors with the seriousness of the offence, the court...
Source-derived case information.
- Citation
- [2023] KEHC 18830 (KLR)
- Parties
- Applicant: Republic; Defendant: Hadson Mwaita Daudi
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E004 of 2022
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, First Offender, Excessive Force
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Hadson Mwaita Daudi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should receive a custodial sentence for manslaughter after pleading guilty under a plea bargain agreement.
- 2 What weight should be given to the accused's status as a first offender and his expression of remorse.
Ratio Decidendi
The court found that while the accused was a first offender, pleaded guilty, and had been in custody for approximately nine months, the offence involved the loss of life through the use of excessive force against a close relative. Balancing the mitigating factors with the seriousness of the offence, the court determined that a custodial sentence of nine years' imprisonment was appropriate. The right of appeal was explained to the accused.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve nine (9) years imprisonment.
- Right of appeal in 14 days explained.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Daudi (Criminal Case E004 of 2022) [2023] KEHC 18830 (KLR) (22 June 2023) (Sentence)
Neutral citation: [2023] KEHC 18830 (KLR)
Republic of Kenya
In the High Court at Voi
Criminal Case E004 of 2022
GMA Dulu, J
June 22, 2023
Between
Republic
Prosecutor
and
Hadson Mwaita Daudi
Accused
Sentence
1. The accused person herein who was initially charged with murder contrary to Section 203 as read with Section 204 of the Penal Code, has been convicted on his own plea of guilty to manslaughter contrary to Section 202 as read with Section 205 of thePenal Code, after entering into a plea bargain agreement.
2. After conviction the Prosecuting Counsel Mr Sirima informed the court that the accused is a first offender. Defence Counsel Mr Mosioma on his part stated that the accused is remorseful, he pleaded guilty and did not waste court’s time and finances and asked for a lenient sentence.
3. In determining sentence, I have considered that the accused person is a first offender and pleaded guilty to the charge without wasting court’s time and resources. He has also asked for leniency and has been in custody since arrest in October 2022, – a period of about nine (9) months now.
4. A life has however been lost, as the accused used excessive force to assault a relative, who was his close cousin.
5. I sentence the accused to serve nine (9) years imprisonment. Right of appeal in 14 days explained.
Dated, signed and delivered this 22nd day of June, 2023 at Voi in open court.GEORGE DULUJUDGEIn the presence of:-Mr. Sirima for StateAccusedMr. Otolo court assistantPage 2 of 2