[2015] KEHC 8489 (KLR)
The court accepted the plea bargain, finding the accused guilty of manslaughter rather than murder, based on the facts that the accused struck the deceased with a rungu following a quarrel, resulting in death. In sentencing, the court considered the accused's youth, orphan status, and remorse, but emphasized the...
Source-derived case information.
- Citation
- [2015] KEHC 8489 (KLR)
- Parties
- Applicant: Republic; Defendant: George Gadafi Wao
- Court
- High Court
- Court Station
- High Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Homicide, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Gadafi Wao
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence for the accused given the circumstances of the case.
Ratio Decidendi
The court accepted the plea bargain, finding the accused guilty of manslaughter rather than murder, based on the facts that the accused struck the deceased with a rungu following a quarrel, resulting in death. In sentencing, the court considered the accused's youth, orphan status, and remorse, but emphasized the seriousness of the offence and the loss of life. The court determined that a custodial sentence of four years imprisonment was appropriate, with credit for time already served.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to four (4) years imprisonment.
- The term of imprisonment shall take into account the time already served by the accused.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT HOMA BAY
CRIMINAL CASE NO. 43 OF 2014
BETWEEN
REPUBLIC …………………………………………… PROSECUTOR
AND
GEORGE GADAFI WAO ….……………………..……….. ACCUSED
SENTENCE
The accused, GEORGE GADAFI WAO was originally charged with the murder of JARED OKOTH GUNDO on 27TH September 2014 at Kachien South sub location, Rachuonyo South District, Homa Bay County. He has now pleaded guilty to a lesser charge of manslaughter as a result of a plea bargain.
The court had the advantage of hearing 3 witnesses and the brief facts were that on the material day, the deceased was ferrying motorbike passengers from Holo market, while the accused was riding next to him. The accused took a slipper from the deceased passenger and later on while at Holo market, the deceased confronted the accused over the slipper and a quarrel ensued. The accused went home returned with a rungu and hit the deceased on the head. The deceased succumbed to the injuries.
I have considered the mitigation and circumstances of the case. The accused is a young man aged 23 years and has had unfortunate circumstances of being an orphan. Although he is remorseful, the court cannot lose sight of the fact that a life was lost.
I therefore sentence the accused to four (4) years imprisonment. Such term shall take into account the time served.
DATED and DELIVERED at HOMA BAY this 7th day of JULY 2015.
D.S MAJANJA
JUDGE
Ms Andabwa, Prosecuting Counsel, instructed by the Director of Public Prosecutions for the State.
Ms Mimba, instructed by Mimba and Company Advocates for the Accused.