[2017] KEHC 2159 (KLR)
The court found that the accused, having been convicted of manslaughter and having absconded after being placed on his defense, warranted a custodial sentence. Despite the prosecution's request to treat him as a first offender and the absence of mitigation, the court considered the seriousness of the offense and the...
Source-derived case information.
- Citation
- [2017] KEHC 2159 (KLR)
- Parties
- Applicant: Republic; Defendant: Galma Abagaaro Shano
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2011
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to 10 years imprisonment in absentia
- Judges
- FM Mutuku
- Legal Topics
- Manslaughter, Sentencing, Trial in Absentia, Penal Code Interpretation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Galma Abagaaro Shano
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter after being found guilty under section 202 as read with section 205 of the Penal Code.
- 2 Whether sentencing in absentia is permissible given the accused absconded during trial.
- 3 What is the appropriate sentence for manslaughter in the circumstances of this case.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter and having absconded after being placed on his defense, warranted a custodial sentence. Despite the prosecution's request to treat him as a first offender and the absence of mitigation, the court considered the seriousness of the offense and the accused's conduct in absconding. The law provides for a maximum of life imprisonment for manslaughter, but the court exercised its discretion to impose a sentence of 10 years imprisonment. The sentence is to commence upon the accused's apprehension, with the arresting officer required to endorse the date of arrest on the warrant. The right of appeal was explained to the absent...
Court Disposition
accused sentenced to 10 years imprisonment in absentia
Orders
- The accused is sentenced to 10 years imprisonment for manslaughter.
- The sentence shall commence from the date the accused is apprehended.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 41 OF 2011
REPUBLIC…………………………...……...PROSECUTOR
VERSUS
GALMA ABAGARO SHANO …………….……..ACCUSED
RULING ON SENTENCE
The accused Galma Abagaaro Shano was tried for murder contrary to section 203 as read with section 204 of the Penal Code. He was found guilty for manslaughter contrary to section 202 as read with section 205 of the Penal Code. He was tried in absentia after he absconded from this court’s jurisdiction and after this court ruled that he has waived his right to be present during his trial. Efforts to have him arrested and brought before the court failed and for over three years this court kept the matter open.
After delivering the judgment, counsel for the accused Mr. Dunstan Omari told the court that he did not have any mitigation to offer on behalf of his client and left the matter with the court to decide. The prosecution did not have previous records against the accused and asked the court to treat him as a first offender. Even if this is the statement of the prosecutor, this court is alive that the accused has been found guilty for manslaughter in this case and that he absconded from court at the stage when this court had placed him on his defense and the court was waiting to receive his defense. This offence was not documented by the relevant government agency because the accused has not been arrested and charged with it. Nonetheless, the accused is not innocent.
In the judgment delivered on 2nd October 2017, this court gave detailed reasons for the decision it arrived at. I have considered the circumstances of this case and the applicable law. The penalty for manslaughter under section 205 of the Penal Code is life sentence. I hereby sentence the accused in absentia to serve 10 years imprisonment. This sentence shall commence from the date the accused is apprehended. The officer effecting the arrest shall endorse at the back of the warrant of arrest the date on which the accused has been arrested and when this sentence shall commence. Right of appeal explained.
Delivered, signed and dated this 4th October 2017.
S. N. Mutuku
Judge