[2015] KEHC 3334 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and shown genuine remorse, had already spent approximately two years in remand. The act was not intentional, and the accused suffers from epilepsy. The victim's family did not oppose a non-custodial sentence. Considering these factors and the...
Source-derived case information.
- Citation
- [2015] KEHC 3334 (KLR)
- Parties
- Respondent: Republic; Defendant: Elijah Matagaro Moranga
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 103 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused released to serve two years non-custodial sentence under probation supervision
- Judges
- CB Nagillah
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing, Probation, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Elijah Matagaro Moranga
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 circumstances and mitigation justify a non-custodial sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and shown genuine remorse, had already spent approximately two years in remand. The act was not intentional, and the accused suffers from epilepsy. The victim's family did not oppose a non-custodial sentence. Considering these factors and the probation report, the court determined that a non-custodial sentence under probation supervision was appropriate and proportionate to the circumstances of the case.
Court Disposition
accused released to serve two years non-custodial sentence under probation supervision
Orders
- The accused is released to serve two years of non-custodial sentence under the supervision of the Probation Officer of the area.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.103 OF 2013
REPUBLIC
VERSUS
ELIJAH MATAGARO MORANGA - ACCUSED
SENTENCE
The accused person, Elijah Matagaro Moranga was charged with the offence of Manslaughtercontrary toSection 202as read with205 of the Penal Code. He pleaded guilty in a plea agreement process.
The court called for the Probation Report for the purpose of sentencing. The report was filed on 9th July 2015.
The accused is aged 34 years. He has been in remand since 26th September 2013 – about two years. He is married and has two children and a wife.
He is remorseful to what happened. It was not intentional. He suffers from epilepsy. The victim’s family is not averse to his being released to serve on non-custodial sentence under the supervision of the Probation Officer for some time to come.
Accordingly, the accused person is hereby released to serve two years of non-custodial sentence under the supervision of the Probation Officer of the area.
It is so ordered.
Dated, signed and delivered in open court this 31st day of July 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
Sepele for the State
M/S Mogire holding brief for M/S Ondari for the accused
Samuel Omuga: court clerk