[2019] KEHC 1638 (KLR)
The court found that, despite the accused's youth, lack of prior record, and remorse, the excessive force used in the commission of manslaughter warranted a custodial sentence. The court rejected a non-custodial sentence due to the gravity of the offence and the need for the accused to learn peaceful conflict...
Source-derived case information.
- Citation
- [2019] KEHC 1638 (KLR)
- Parties
- Applicant: Republic; Defendant: DCR
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2019
- Procedural Posture
- Criminal Case / Sentencing; Sentence Deferred Pending Borstal Institution Report
- Outcome
- Sentence deferred pending borstal institution report.
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Juvenile Offender, Plea Bargain, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
DCR
Defendant
Procedural Posture
Criminal Case / Sentencing; Sentence Deferred Pending Borstal Institution Report
Legal Issues
- 1 Whether the accused, a minor, should receive a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the mitigating factors, including the accused's age, remorse, and family circumstances.
- 3 Whether rehabilitation at a borstal institution is appropriate under the Children Act.
Ratio Decidendi
The court found that, despite the accused's youth, lack of prior record, and remorse, the excessive force used in the commission of manslaughter warranted a custodial sentence. The court rejected a non-custodial sentence due to the gravity of the offence and the need for the accused to learn peaceful conflict resolution. However, recognizing the accused's age and the recommendations in the pre-sentence report, the court deferred the actual sentence and requested a report from a borstal institution to determine the appropriate mode of confinement under the Children Act.
Court Disposition
Sentence deferred pending borstal institution report.
Orders
- A report from a Borstal Institution to be availed to determine appropriate confinement under the Children Act.
- Actual sentence deferred until the Borstal Institution report is received.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 8 OF 2019
REPUBLIC................................................................................PROSECUTOR
VRS
DCR....................................................................................................ACCUSED
SENTENCE
1. The accused has been found guilty of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code following a plea bargain agreement with the State. The State through Mr. Ayodo has indicated that he does not have a previous record and I thus treat him as a first offender.
2. This court ordered the filing of a pre-sentence report, which was filed.
3. In mitigation, Mr. Sang for the accused person stated that the accused was a young man aged 16 years and also in form one and a son of a single mother. He was remorseful and acted in anger on seeing his late father’s matrimonial bed being desecrated by the deceased. Counsel stated that the deceased was the aggressor having been warned by the accused severally not to come to that home. Counsel further stated that the accused had taken up the role of his late father in the home, and that the family relied on him. Counsel added that the family of the accused had sought forgiveness from the deceased’s family, and asked the court for leniency preferably a non-custodial sentence.
4. I have considered the circumstances of the case and the mitigating factors. The accused is a young man. He used a lot of force in stabbing the deceased twice in the left of the chest. Though the accused person is a young man and has pleaded guilty to manslaughter, the force he used was certainly excessive, and especially for a young man whose temperament and sense of jealousy appear to be more intense than that of an adult. He is school going, but I do not think that non-custodial sentence is appropriate in the circumstances of this case. He has to learn to live a peaceful life and avoid the use of violence to address life issues.
5. Though the pre-sentence report recommends as an alternative rehabilitation of the accused at Shikuza Borstal Institution for 3 years, it is not stated that there is a vacancy in that institution.
6. I will thus ask to be availed a report from a Borstal Institution to determine the appropriate confinement of the accused under the Children Act and defer actual sentence.
Dated and delivered at Kericho this 28th day of November 2019.
George Dulu
JUDGE