[2015] KEHC 8487 (KLR)
The court found that the accused, David Okiki Ouso, was guilty of manslaughter following a plea bargain, as the evidence did not support the charge of murder due to lack of intent and the provocation arising from ongoing family disputes. The court considered the mitigation advanced, including the accused's time in...
Source-derived case information.
- Citation
- [2015] KEHC 8487 (KLR)
- Parties
- Applicant: Republic; Defendant: David Okiki Ouso
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 13 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter, sentenced to time served, released unless otherwise lawfully held
- 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
David Okiki Ouso
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence considering the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, David Okiki Ouso, was guilty of manslaughter following a plea bargain, as the evidence did not support the charge of murder due to lack of intent and the provocation arising from ongoing family disputes. The court considered the mitigation advanced, including the accused's time in custody since 2011, his family responsibilities, and the non-intentional nature of the act. The judge determined that the period already served was sufficient punishment and that further incarceration was unnecessary. The sentence imposed was time served, and the accused was ordered to be released unless otherwise lawfully held.
Court Disposition
convicted of manslaughter, sentenced to time served, released unless otherwise lawfully held
Orders
- The accused is sentenced to time served.
- The accused is set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT HOMA BAY
CRIMINAL CASE NO. 13 OF 2013
BETWEEN
REPUBLIC……………………………………………..…..PROSECUTOR
AND
DAVID OKIKI OUSO………...……………………….…..……..ACCUSED
SENTENCE
DAVID OKIKI OUSO was originally charged with the murder of his father, SAMUEL OUSO JABUYA on 20th December 2011 at South Kamenya, Kanyaluo location, Rachuonyo North District, Homa Bay County. He has now pleaded guilty to the lesser offence of manslaughter as a result of a plea bargain. The court had the advantage of hearing two witnesses. The brief facts are that on the material day, the deceased and his wife had an argument whereupon he decided to intervene. He threatened his father but as a result there was an altercation which resulted in the father exposing his private part to the accused. The two fought and as a result the deceased died after being hit on the head.
PW2, Tom Mboya Aros, the chief from the nearby sub-location testified that there had been misunderstandings in the family and that there were disputes all the time. Taking into account these circumstances and the mitigation proffered on the accused’s behalf. I consider that the time served by the accused is sufficient as he has been in custody since 2011. The act was not intentional and indeed the accused, who is middle aged, would be better placed to take care of his mother and children.
I therefore sentence him to time served. He is set free unless otherwise lawfully held.
DATED and DELIVERED at HOMA BAY this 7th day of July 2015.
D.S MAJANJA
JUDGE
Ms Andabwa, Prosecuting Counsel, instructed by the Director of Public Prosecutions for the State.
Mr Nyauke instructed by Nyauke and Company Advocates for the Accused.