[2018] KEHC 5404 (KLR)
The court considered both mitigating and aggravating factors in determining the appropriate sentence for the offence of manslaughter. While the accused was a first offender, had spent a significant period in pre-trial custody, and claimed to be remorseful, the court found that he was not candid or honest regarding...
Source-derived case information.
- Citation
- [2018] KEHC 5404 (KLR)
- Parties
- Applicant: Republic; Defendant: George Kiarie Ngerere
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2015
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to six years imprisonment for manslaughter
- Judges
- AM Cockar
- Legal Topics
- Manslaughter, Sentencing Principles, Provocation, Remorse, First Offender
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
George Kiarie Ngerere
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating and aggravating factors should influence the sentence for manslaughter in this case.
Ratio Decidendi
The court considered both mitigating and aggravating factors in determining the appropriate sentence for the offence of manslaughter. While the accused was a first offender, had spent a significant period in pre-trial custody, and claimed to be remorseful, the court found that he was not candid or honest regarding his involvement and did not demonstrate genuine remorse. The deceased's provocative conduct and partial responsibility for the incident were acknowledged, but the court emphasized that provocation does not excuse a lack of remorse or accountability for the loss of life. Balancing these considerations, the court exercised its discretion under section 205 of the Penal Code and...
Court Disposition
accused sentenced to six years imprisonment for manslaughter
Orders
- The accused is sentenced to six years imprisonment.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HIGH COURT CRIMINAL CASE NO. 26 OF 2015
LESIIT, J
REPUBLIC.................................................................PROSECUTION
VERSUS
GEORGE KIARIE NGERERE.........................................ACCUSED
RULING ON SENTENCE
1. The accused GEORGE KIARIE NGERERE was charged with one count of murder contrary to section 203 of the Penal Code. However, after hearing the case the court found the accused guilty and convicted him of manslaughter contrary to section 202 of the Penal Code.
2. The sentence for the offence of manslaughter is provided under section 205 of the Penal Code. The sentence under that section provides that a person convicted of that offence is liable to imprisonment for life.
3. Mrs. Kinoti, Learned Prosecution Counsel treated the accused as a first offender, having not obtained any proof of previous record.
4. Mr. Wachira, Learned Defence Counsel urged the court to consider the following factors before sentencing. These were the fact the accused was aged 35 years of age; that he was a businessman; that he had a wife and 3 children aged between 15 years and 3 years.
5. Counsel urged that the accused was remorseful for what led to him being charged in court. He urged court to exercise leniency towards the accused and give him a non-custodial sentence. Counsel urged that accused had been in custody for 3 years and 5 months and that he had learnt his lesson.
6. I have considered submission by both counsels to this case. I have noted accused period of incarceration pending his trial, a total of 3 and a half years. I also considered his age and fact he claims that he is remorseful for this offence.
7. The circumstances of this case were quite unfortunate as it is clear the deceased was drunk and therefore not in a very lucid state of mind. He was unreasonable, chasing away the accused from making any food order from PW1. The deceased was also a bully, being stronger and taller than the accused according to eye witnesses.
8. It is also a relevant factor that accused denied being at the scene and denied any involvement in the deceased death. As regards the offence and its circumstances the accused was not candid and honest in this case.
9. I find that he was not remorseful for the offence. The fact he was provoked by the deceased cannot be used as a ticket to remain hard hearted for the action and for the resultant loss of life.
10. That said the deceased was equally to blame for the incident.
11. Having considered all these factors and the circumstances of this case I sentence the accused to six years imprisonment.
12. The accused has a right of appeal within 14 days of today.
DATED SIGNED AND DELIVERED AT NAIROBI THIS 19TH DAY OF JULY, 2018.
LESIIT, J
JUDGE