[2016] KEHC 2917 (KLR)
The court accepted the plea bargain and the accused's plea of guilty to manslaughter, noting that the facts established the offence and that the accused admitted responsibility. In determining sentence, the court considered the unclear circumstances leading to the fatal disagreement, the accused's remorse, his role...
Source-derived case information.
- Citation
- [2016] KEHC 2917 (KLR)
- Parties
- Respondent: Republic; Defendant: Dickson Gekonge
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to probation
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Dickson Gekonge
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter as per the plea agreement.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court accepted the plea bargain and the accused's plea of guilty to manslaughter, noting that the facts established the offence and that the accused admitted responsibility. In determining sentence, the court considered the unclear circumstances leading to the fatal disagreement, the accused's remorse, his role as sole breadwinner, and the recommendations of the probation officer. The court found that a custodial sentence was not warranted in the circumstances and that probation would serve the interests of justice, rehabilitation, and the accused's dependents. Accordingly, the accused was sentenced to two years probation under supervision.
Court Disposition
accused sentenced to probation
Orders
- The accused is sentenced to two years probation under the supervision of the Probation Officer of his area.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 08 OF 2016
REPUBLIC………….…...PROSECUTOR
VERSUS
DICKSON GEKONGE….……..ACCUSED
SENTENCE
[1] DICKSON GEKONGE, the accused person herein, was initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. Following a plea bargain agreement, executed on 20th July 2016, between the accused and the state, the initial charge of murder was reduced to a lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The accused plead guilty to the said lesser charge of manslaughter and was consequently convicted on his own plea of guilty.
[2] The particulars of the offence were that on the night of 4th and 5th March, 2016 at Amabuko Sub location in Masaba South Sub- County within Kisii County in the Republic of Kenya jointly with others not before the court unlawfully caused the death of HENRY MAKORI NYANCHAMA.
[3] The facts of the case, as narrated by Miss Mbelete, counsel for the state, were that the accused and the deceased were very good friends and that on the material day the duo drunk chang’aa at a neighbouring home after which a disagreement arose between them that escalated into a physical confrontation.
[4] The body of the deceased was discovered on a footpath on the following day and a post mortem examination conducted on the body a few days later established the cause of death to be cardio pulmonary arrest due to multiple organ injury from a blunt object.
[5] In mitigation, Mr. Okemwa for the accused submitted that the accused was remorseful for having killed his own friend and stated that the alcohol that the accused and the deceased took could have aggravated their disagreement into an all out war. Mr. Okemwa added that the accused was the sole bread winner of his young family of 2 minor children and an aged widowed mother.
[6] I have considered the circumstances surrounding this case, the mitigation offered by Mr. Okemwa counsel for the accused and the probation officer’s pre-sentencing report. I note that it was not very clear, from the facts of the case, what precipitated the disagreement between the accused and the deceased who are reported to have been very good friends. Nevertheless, the accused has admitted to the charge of manslaughter and the court is at this point taxed with the duty of passing a sentence on him.
[7] It is for the above reasons and considerations that I hereby sentence the accused to 2 years probation during which period he will be supervised by the Probation Officer of his area.
Delivered, dated and signed in at Kisii on 6th of September, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mbelete for the State
Sagwe for Okemwa for the Accused
Omwoyo court clerk