[2016] KEHC 6681 (KLR)
The court found that the accused, a young mother and first offender, had already spent over three years in custody awaiting trial and pleaded guilty to manslaughter. The court considered the probation officer's recommendation for a non-custodial sentence, the remorse shown, and the forgiveness by the family and...
Source-derived case information.
- Citation
- [2016] KEHC 6681 (KLR)
- Parties
- Applicant: Republic; Defendant: Everline Nyaboke Mbuya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 138 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to three months community service.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, First Offender, Community Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Everline Nyaboke Mbuya
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 accused's plea of guilty, period in custody, and mitigation circumstances.
Ratio Decidendi
The court found that the accused, a young mother and first offender, had already spent over three years in custody awaiting trial and pleaded guilty to manslaughter. The court considered the probation officer's recommendation for a non-custodial sentence, the remorse shown, and the forgiveness by the family and community. The court determined that the time already served in custody was sufficient punishment and that a further custodial sentence was unnecessary. Instead, a three-month community service order was imposed, to be supervised by the local probation officer, as an adequate and rehabilitative response to the offence.
Court Disposition
Accused sentenced to three months community service.
Orders
- The accused is sentenced to three months community service under supervision of the area probation officer.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.138 OF 2012
REPUBLIC - PROSECUTOR
VERSUS
EVERLINE NYABOKE MBUYA - ACCUSED
SENTENCE
The accused herein EVERLINE NYABOKE KENGURU was initially charged with the offence of Murder contrary to Section 203as read withSection 204 of the Penal Code.
By a plea bargain agreement made between the accused on 14th July 2015, the said charge was reduced to a lesser charge of Manslaughter contrary to Section 202as read withSection 205 of the Penal Code.
The particulars of the offence are that on 24th October 2012, at Bomakombi Sub-location in Kisii South District within Kisii County, unlawfully caused the death of RUTH KERUBO. The accused was convicted on the lesser charge of Manslaughter on her own plea of guilty.
The accused and the deceased were mother and daughter respectively.
The facts of the case were that on 24th October 2012 at about 6. 00 a.m. the accused went to home of one WILFRIDA BIYAKI while carrying the baby (deceased) who was at the time aged about 1 year 3 months. Upon the said WILFRIDA BIYAKI checking on the baby, she discovered that she was lifeless/dead and on enquiring from the accused what could have happened to the baby, the accused, who appeared drunk stated that she could have accidently slept on the baby. A post mortem report determined the cause of death to be asphyxia.
In mitigation, Mr. Sagwe for the accused submitted that she was remorseful as the baby died accidentally due to the accused’s drunkenness.
Mr. Sagwe added that the accused had 3 other young children to take care of and prayed for anon-custodial sentence.
The Probation Officer’s pre-sentencing and victim impact assessment report filed in court on 6th November 2015 recommended a non-custodial sentence for the accused while noting that she was a first offender and her family and community at large had forgiven her.
I have taken into account the unfortunate and very disturbing circumstance that led to the death of an innocent baby. The accused is a young mother and a first offender. She has been in custody for over 3 years while awaiting her trial and she pleaded guilty to a lesser charge of manslaughter.
I am certain that the 3 year stint that the accused has had in custody while awaiting her trial serves as adequate lesson to her to keep off alcohol and be a more responsible parent.
Accordingly, I sentence the accused to 3 months Community Service during which period she will be supervised by the Probation Officer of her area.
It is so ordered.
Dated, signed and delivered in open court this 22nd day of January 2016
HON. W. OKWANY
JUDGE
In the presence of:
Miss. Mochama for the State
Mr. Sagwe for Accused
Mr. Omwoyo: court clerk