[2015] KEHC 3654 (KLR)
The court found that the accused, being a minor at the time of the offence and acting in defence of his mother, did not possess malice aforethought required for murder. The plea bargain to manslaughter was accepted in view of the circumstances. Given the accused's age, the familial context, and the need for...
Source-derived case information.
- Citation
- [2015] KEHC 3654 (KLR)
- Parties
- Applicant: Republic; Defendant: E K M
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2014
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused discharged under Section 35(1) Penal Code, subject to good behaviour and supervision for three years.
- Legal Topics
- Manslaughter, Plea Bargaining, Juvenile Offender, Sentencing, Self Defence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
E K M
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused, a minor, should be convicted of manslaughter following a plea bargain from an initial murder charge.
- 2 What is the appropriate sentence for a juvenile who committed manslaughter in the circumstances of protecting his mother.
Ratio Decidendi
The court found that the accused, being a minor at the time of the offence and acting in defence of his mother, did not possess malice aforethought required for murder. The plea bargain to manslaughter was accepted in view of the circumstances. Given the accused's age, the familial context, and the need for rehabilitation, the court determined that a custodial sentence was inappropriate. Instead, the accused was discharged under Section 35(1) of the Penal Code, subject to good behaviour and supervision by his mother for three years, to support his reintegration and continued education.
Court Disposition
Accused discharged under Section 35(1) Penal Code, subject to good behaviour and supervision for three years.
Orders
- The accused is discharged under Section 35(1) of the Penal Code.
- The accused shall remain of good behaviour and under the direct supervision of his mother for the next three years.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 3 OF 2014
REPUBLIC---------PROSECUTOR
VS.
E K M--------------------ACCUSED
RULING ON SENTENCE
The subject herein is aged 17 years old.
At the time of commission of this offence he was aged 16 years old.
He was initially charged with the offence of Murder Contrary to Section 203 as read with Section 204 Penal Code.
The same has been reduced to Manslaughter Contrary to Section 202 as read with Section 205 of the Penal Code after a plea bargaining arrangement.
The subject is the younger brother of the deceased. The circumstances leading to the commission of the offence clearly show that their mother may have been the victim as the deceased was armed with the knife ready to strike her.
The subject acted in order to protect their mother but it turned out to be fatal.
The subject is still young and needs support to pursue his studies and to become a responsible person in future.
I will in the circumstances, discharge him under Section 35(1) Penal Code on condition that he remains of good behaviour and under the direct supervision of his mother for the next 3 years.
Conditions well explained.
Dated, Signed and Delivered in Open Court this 23rd day of July 2015.
H.I. ONG'UDI
JUDGE.
In the Presence of:
M/s Kivali for state.
Mr. Mutai for subject.
Hillary/Robert – Court Assistants.
Subject – Present.