[2014] KEHC 4725 (KLR)
The court accepted the plea agreement reducing the charge from murder to manslaughter after confirming compliance with statutory requirements. The accused admitted the facts and was convicted on his own plea. In determining sentence, the court considered the accused's remorse, lack of malice aforethought, efforts at...
Source-derived case information.
- Citation
- [2014] KEHC 4725 (KLR)
- Parties
- Applicant: Republic; Defendant: F N K
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 53 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted on plea of guilty and sentenced to three years imprisonment
- Judges
- CC Kipkorir
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
F N K
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be convicted of manslaughter on his own plea of guilty.
- 2 What sentence is appropriate given the circumstances and mitigation presented.
Ratio Decidendi
The court accepted the plea agreement reducing the charge from murder to manslaughter after confirming compliance with statutory requirements. The accused admitted the facts and was convicted on his own plea. In determining sentence, the court considered the accused's remorse, lack of malice aforethought, efforts at personal transformation, family circumstances, and the four years already spent in custody. The court also considered the unsuccessful reconciliation attempts between the families and the relationship between the accused and the deceased. Balancing these mitigating factors against the gravity of the offence, the court found a custodial sentence appropriate and sentenced the...
Court Disposition
convicted on plea of guilty and sentenced to three years imprisonment
Orders
- The accused is sentenced to serve three years imprisonment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO.53 OF 2011
REPUBLIC.................................................PROSECUTOR
VERSUS
F N K …………..……….…..............................ACCUSED
SENTENCING
The accused, F N K was initially charged with murder of J M R contrary to section 203 as read with section 204 of the Penal Code. Before his trial commenced however, he entered into a plea agreement with the office of the Director of Public Prosecutions wherein the State reduced the charge to one of manslaughter. The plea agreement between the parties was filed in court on 4th November, 2013. The same was accepted by the court after satisfying itself on the mandatory requirements of Section 137 of the Criminal Procedure Code. The accused was subsequently charged with manslaughter contrary section 202 as read with section 205 of the Penal Code.
The brief facts of this case are that on the 19th June 2011 at around 10a.m, the deceased J M R and the accused F N K who were both working with a building contractor as casual labourers at Rurie Village in Juja location within Kiambu County were involved in a quarrel, whereby the accused alleged that the deceased was having a love affair with his wife. The accused further blamed the deceased for his family quarrels claiming that whenever he (accused) had disagreements with his wife, the wife would leave their home for the house of the deceased and spend the night there. This, the accused alleged, happened on many occasions. The accused became bitter and confronted the deceased. A fight then ensued and since they were fighting within the construction site, they were separated and advised to sort out the matter downstairs, as they were constructing on an upper floor. The accused then went downstairs followed by the deceased whereby they continued arguing and at that point the accused stabbed the deceased once on the chest with a pen knife. The deceased was rushed to Thika District Hospital where he succumbed to the injuries inflicted on him during the fight. A post-mortem conducted confirmed that the deceased had died due to penetrating chest injury with associated punctured left ventricle and haemopericardium.
The accused unequivocally accepted the facts as stated above and was convicted on his own guilty plea on 26th February, 2014.
In mitigation, Mr. Swaka for the accused submitted to the court that the accused was extremely remorseful and regretted the act which was unintentional as the accused had no malice aforethought. He pleaded for a non-custodial sentence stating that the accused had a young family; and had transformed into a God-fearing person. To support that the accused was transformed, Mr. Swaka filed a baptismal card and other religious certificates obtained by the accused after undergoing various bible courses while in custody. He asked the court to consider that the accused had already spent four years in custody.
Before considering sentence, I called for and received a probation officer’s report. I have considered both the report and the circumstances of the case. It is indicated in the report that both the accused and the deceased are related and come from the same locality and that the accused’s family has made unsuccessful attempts at reconciliation with the deceased’s family. Taking all the mitigating factors above into consideration, I sentence the accused to serve three years imprisonment.
Orders accordingly.
Sentence delivered at Nairobi this 20th day of May, 2014
R. LAGAT - KORIR
JUDGE
In the presence of:-
…………………………….: Court clerk
…………………………….: Accused
…………………………….: For the accused
…………………………….: For the State