[2015] KEHC 9 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was a young first offender who had shown genuine remorse for his actions. He had already spent nearly four years in custody awaiting trial. The Probation Officer's Report indicated that both the family and the community had...
Source-derived case information.
- Citation
- [2015] KEHC 9 (KLR)
- Parties
- Respondent: Republic; Defendant: Dishon Isaboke
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 18 months probation
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Respondent
Dishon Isaboke
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the accused's remorse, age, and time spent in custody justify a non-custodial sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was a young first offender who had shown genuine remorse for his actions. He had already spent nearly four years in custody awaiting trial. The Probation Officer's Report indicated that both the family and the community had forgiven him and were prepared to accept him back. Considering these factors, the court determined that a non-custodial sentence was appropriate and would serve the interests of justice, rehabilitation, and community harmony. The accused was therefore sentenced to 18 months probation under the supervision of the local Probation Officer.
Court Disposition
accused sentenced to 18 months probation
Orders
- The accused is sentenced to 18 months probation under the supervision of the Probation Officer of his area.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.8 OF 2012
REPUBLIC - PROSECUTOR
VERSUS
DISHON ISABOKE - ACCUSED
SENTENCE
1. The accused herein, DISHON ISABOKE pleaded guilty to Manslaughter after a plea bargain agreement. The particulars of the charge were that on 16th January 2012 at Kiago village, Nyamache Diustrict within Kisii County unlawfully caused the death of FLORENCE NYOMENDA ISABOKE.
2. The deceased in this case was the mother of the accused whom he killed after a disagreement over the little quantity of tea that his mother had given him in a cup.
3. In mitigation, Mr. Ogari advocate for the accused submitted that the accused was a young man aged 23 years and he was remorseful for accidentally killing his mother over a small disagreement and that he did not intend to kill her.
4. The Probation Officer’s Report favours the release of the accused on a non-custodial sentence in view of the fact that he is remorseful, his family and community had forgiven him and were ready to accept him in their midst.
5. The accused is a first offender and has been in custody for 3 years and 11 months while awaiting his trial.
6. After considering all the above factors, I find that the accused is suitable for a non-custodial sentence.
7. I hereby sentence him to 18 months Probation during which time he will be under the supervision of the Probation Officer of his area.
8. It is so ordered.
Dated, signed and delivered in open court this 17th day of November, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Mr. Mbelete for the State
M/S Ogari for the Accused
Ogega: court clerk