[2015] KEHC 27 (KLR)
The court considered the accused's plea to a lesser offence of manslaughter, his status as a first offender, the four years already spent in custody, the non-opposition of the victim's family to a non-custodial sentence, and the positive probation report. The court found that the offence was not premeditated and was...
Source-derived case information.
- Citation
- [2015] KEHC 27 (KLR)
- Parties
- Respondent: Republic; Defendant: E M O
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 63 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to three years non-custodial probation.
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
E M O
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 What weight should be given to the probation report and views of the victim's family in sentencing.
Ratio Decidendi
The court considered the accused's plea to a lesser offence of manslaughter, his status as a first offender, the four years already spent in custody, the non-opposition of the victim's family to a non-custodial sentence, and the positive probation report. The court found that the offence was not premeditated and was influenced by alcohol abuse. Given these mitigating factors and the support for the accused's reintegration from both families and the community, the court determined that a non-custodial sentence was appropriate. The accused was therefore sentenced to three years' probation under the supervision of the area Probation Officer.
Court Disposition
Accused sentenced to three years non-custodial probation.
Orders
- The accused is sentenced to three years non-custodial sentence under the supervision of the Probation Officer of the area.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO 63 OF 2011
REPUBLIC ….RESPONDENT
=VERSUS=
E M O …............ACCUSED
SENTENCING
The accused person, E M O pleaded to a lesser offence of manslaughter, contrary to s.202 as read with 205 process of plea bargaining entered into on 14/07/2015
The particulars of the offence are that on the 14th day of July 2011 at [particulars withheld]] in Nyamira County within the Republic of Kenya, caused the death of Richard Obadis.
The Court called for the probation report to facilitate the sentencing process. The said report was filed on 16th October 2015.
The accused is a young man aged 32 years, married but separated, has two children. He has many siblings.
The victims family-the mother of the deceased and desires peace 'and harmony and does not oppose a non-custodial sentence.
The accused person's family are willing to support the accused person integration in the family. The death was not planned. It was an accident. He was involved in alcohol abuse which would make him violent and must have influenced the commission of the current offence.
The community thinks that it is the abuse of alcohol that has generated his violence. Therefore they are optimistic and don't consider him a threat to general peace. They think the time his spent in custody, about 4 years-he has sufficient lesson.
The accused seeks leniency. He is treated as a first offender.
Accordingly, this court takes into account that the accused has been in custody for now four (4) years.
This Court will sentence the accused to three (3) years non-custodial sentence to be supervised by the Probation Officer of the area.
It so ordered.
Dated and delivered at Nyamira this 13th day of November, 2015.
C.B.NAGILLAH
JUDGE
In the presence of:-
Ochoki, Nyamwange hold brief for accused person
Malesi for the State
Mercy -Court Clerk