[2015] KEHC 14 (KLR)
The court found that the accused, having pleaded guilty to manslaughter, was a first offender, and had already spent two years in custody awaiting trial. The Probation Officer's report was favorable to a non-custodial sentence. The court determined that these factors, combined with the absence of aggravating...
Source-derived case information.
- Citation
- [2015] KEHC 14 (KLR)
- Parties
- Applicant: Republic; Defendant: Evans Bogonko Mose
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 116 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to two years probation under supervision.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Probation, Plea Bargain
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Evans Bogonko Mose
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the accused's mitigation and time spent in custody warrant leniency.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter, was a first offender, and had already spent two years in custody awaiting trial. The Probation Officer's report was favorable to a non-custodial sentence. The court determined that these factors, combined with the absence of aggravating circumstances and the accused's family responsibilities, justified a non-custodial sentence. Accordingly, the accused was sentenced to two years probation under supervision, rather than imprisonment.
Court Disposition
Accused sentenced to two years probation under supervision.
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
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.116 OF 2013
REPUBLIC............................................................PROSECUTOR
VERSUS
EVANS BOGONKO MOSE..................................1ST ACCUSED
EVANS ONKUNDI NYANG’AU............................2ND ACCUSED
RULING ON SENTENCE
1. The 1st accused herein EVANS BOGONKO MOSE was charged with the offence of Murder. The particulars were that on 19th October 2013 at Nyabite Trading Centre in Nyamira District within Nyamira County in the Republic of Kenya, jointly with another unlawfully caused the death of ELIJAH CHARANA SIMEON.
2. On 6th July 2015, the 1st accused decided to plead guilty to a lesser charge of manslaughter.
3. The incident took place when both the deceased and the 1st accused were engaged in argument while drinking alcohol at a bar.
4. In mitigation the 1st accused person, through his advocate Mr. Moseti pleaded for leniency while blaming his actions on drunkenness. He pleaded for a non-custodial sentence to enable him fend for his wife and 3 young children.
5. The Probation Officer’s pre-sentencing report filed on 23rd September 2015 was favourable to a non-custodial sentence.
6. After due consideration of all the facts stated hereinabove, and further taking into account the fact that the 1st accused is a first offender and he has been in custody for 2 years awaiting his trial, I find him suitable for a non-custodial sentence.
7. I hereby sentence him to 2 years probation during which time he will be supervised by the Probation Officer of his area.
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 Ondari for the Accused
Mr. Ogega: court clerk