[2019] KEHC 3408 (KLR)
The court found that, although the accused was guilty of manslaughter, his status as a minor and first offender, coupled with his remorse and the circumstances of the offence, made imprisonment undesirable. The court considered the pre-bail report, the nature of the offence, and the availability of a vacancy at a...
Source-derived case information.
- Citation
- [2019] KEHC 3408 (KLR)
- Parties
- Applicant: Republic; Defendant: EKL
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused committed to rehabilitation at Shikutsa Borstal Institution for three years.
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Juvenile Justice, Plea Bargain, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
EKL
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused, being a minor, should be sentenced to prison or a rehabilitation institution.
- 2 What is the appropriate sentence for a juvenile convicted of manslaughter following a plea bargain.
Ratio Decidendi
The court found that, although the accused was guilty of manslaughter, his status as a minor and first offender, coupled with his remorse and the circumstances of the offence, made imprisonment undesirable. The court considered the pre-bail report, the nature of the offence, and the availability of a vacancy at a borstal institution. The judge determined that rehabilitation at Shikutsa Borstal Institution for three years was the most appropriate sentence, balancing the need for accountability with the welfare and future prospects of the juvenile offender.
Court Disposition
Accused committed to rehabilitation at Shikutsa Borstal Institution for three years.
Orders
- EKL is committed to Shikutsa Borstal Institution for rehabilitation for a period of three years, until he attains majority age.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO.20 OF 2018
REPUBLIC......................................................................PROSECUTION
VERSUS
EKL............................................................................................ACCUSED
SENTENCE
1. The subject was found guilty of manslaughter contrary to section 202 as read with section 205 of the Penal Code, after entering into a plea bargain agreement.
2. Being aged less than 18 years, it is not desirable to put him in prison custody.
3. I have considered the pre-bail report, and that the deceased was stabbed with a knife and that this followed a disagreement between the accused and the deceased (both young persons) over the deceased taking the accused’s mobile phone. The accused is a first offender and is remorseful, but the deceased’s family is yet to come to terms with the death of their beloved member. I have also been advised that there is a vacancy for this juvenile at Shikutsa Borstal Institution. I thus sentence EKL by committing him for rehabilitation at Shikutsa Borstal Institution for a period of three (3) years, that is until he attains majority age.
Dated at Kericho this 28th day of October 2019.
George Dulu
JUDGE