[2018] KEHC 4607 (KLR)
The court found that the accused, having pleaded guilty to manslaughter, was a first offender, had shown genuine remorse, and acted in circumstances suggesting self-defence after being attacked by the deceased. The pre-sentence report supported a non-custodial sentence, noting reconciliation between the families and...
Source-derived case information.
- Citation
- [2018] KEHC 4607 (KLR)
- Parties
- Applicant: Republic; Defendant: Felix Mutua Kaunda
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 22 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused placed on probation for three years.
- Judges
- BC Koech
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Felix Mutua Kaunda
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 Whether the circumstances of self-defence and reconciliation between families justify a non-custodial sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter, was a first offender, had shown genuine remorse, and acted in circumstances suggesting self-defence after being attacked by the deceased. The pre-sentence report supported a non-custodial sentence, noting reconciliation between the families and ongoing compensation negotiations. The community and both families were willing to accept the accused back. In light of these factors, the court determined that a non-custodial sentence, specifically probation for three years, was appropriate and proportionate to the circumstances of the offence and the interests of justice.
Court Disposition
Accused placed on probation for three years.
Orders
- The accused is ordered to be placed under probation for three (3) years.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CRIMINAL CASE NO. 22 OF 2017
REPUBLIC ...................................PROSECUTOR
VERSUS
FELIX MUTUA KAUNDA .................ACCUSED
RULING ON SENTENCE
1. The accused herein FELIX MUTUA KAUNDA faced a charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The particulars are that on the night of 16th and 17th September, 2017 at Ngomano village, Kalamba sub-location, Miu Location, Mwala sub-county within Machakos County unlawfully killed KYALO KIMILU MWAKAVI.
2. The accused pleaded guilty to the charge and was subsequently convicted on his unequivocal plea of guilty as per the court proceedings dated 25/07/2018.
3. Mr. Machogu learned counsel for the state indicated that the accused was a first offender as he had no previous criminal records.
4. Mr. Kituku learned counsel for the defence presented mitigation on behalf of the accused person. He submitted that the accused is remorseful and that he was a victim of circumstances as he had no intention of killing the deceased but was defending himself after being waylaid and attacked by the deceased as he headed to his home. It was finally submitted that the accused is a family man and the sole breadwinner. A non–custodial sentence was sought for by the defence counsel.
5. This court called for pre-sentence report on the accused by the Machakos County Probation Officer. The same was duly filed and is dated 13/08/2018. The summary of the report is that the deceased who had been a habitual thief in the area waylaid the accused who was heading to his home at night and the accused managed to subdue the deceased in self defence and raised alarm and after a while the deceased passed on. The report is in favour of a non-custodial sentence and that the clans of both accused and deceased have already commenced negotiations towards compensation to the deceased’s family. The community and both families are ready and willing to accept back the accused as his family has already reconciled with that of the deceased.
6. I have considered the mitigation presented on behalf of the accused as well as the comprehensive report by the Machakos County Probation Officer. The circumstances of the death of the deceased have been explained although tragic as they are since the accused has claimed that he had no intention of killing him but was only defending himself after being waylaid and attacked at night as he walked to his home by the deceased. The accused has shown remorse for the death of the deceased. He is also a first offender. Both families have since reconciled and their respective clans had commenced negotiations towards compensation to the family of the deceased. The families and the community appear to be receptive to the accused being allowed to join them. I find a non–custodial sentence would be appropriate in the circumstances of this case and would go well with the negotiations for compensations initiated by the respective clans. Consequently, the accused is ordered to be placed under probation for three (3) years.
It is so ordered.
Dated and delivered at Machakos this 17th day of August, 2018.
D.K. KEMEI
JUDGE
In the presence of:-
Miruka for Gikonyo - for the State
Langalanga for Kituku - for the accused
Josephine- Court Assistant