[2019] KEHC 6784 (KLR)
Despite positive pre-sentence reports and ongoing reconciliation between the families, the court found that the gravity of the offence—manslaughter arising from mob justice—required a custodial sentence to express societal disapproval and deter similar conduct. The court acknowledged the accused's remorse and the...
Source-derived case information.
- Citation
- [2019] KEHC 6784 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Nyabuto Nyangosia alias Elikana; Defendant: Jackson Onami Omwoyo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Both accused sentenced to three years' imprisonment for manslaughter.
- Judges
- DAS Majanja
- Legal Topics
- Manslaughter, Sentencing Principles, Mob Justice, Mitigation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Henry Nyabuto Nyangosia alias Elikana
Defendant
Jackson Onami Omwoyo
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 weight should be given to reconciliation efforts and probation recommendations in sentencing for mob justice.
Ratio Decidendi
Despite positive pre-sentence reports and ongoing reconciliation between the families, the court found that the gravity of the offence—manslaughter arising from mob justice—required a custodial sentence to express societal disapproval and deter similar conduct. The court acknowledged the accused's remorse and the probation officer's recommendation for non-custodial sentences, but held that taking the law into one's own hands resulting in loss of life cannot be condoned. Therefore, a sentence of three years' imprisonment for each accused was imposed as just and necessary in the circumstances.
Court Disposition
Both accused sentenced to three years' imprisonment for manslaughter.
Orders
- The accused, Henry Nyabuto Nyangosia alias Elikana and Jackson Onami Omwoyo, are each sentenced to three (3) years imprisonment.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE HIGH COURT OF KENYA AT KISII
(CORAM: D.S. MAJANJA J.)
CRIMINAL CASE NO. 22 OF 2018
CONSOLIDATED WITH
CRIMINAL CASE NO. 23 OF 2018
BETWEEN
REPUBLIC.......................................................................................PROSECUTOR
AND
HENRY NYABUTO NYAGOSIA alias ELIKANA .......................1ST ACCUSED
JACKSON ONAMI OMWOYO ....................................................2ND ACCUSED
RULING ON SENTENCE
1. On 20th May 2019, I convicted HENRY NYABUTO NYANGOSIA alias ELIKANAand JACKSON ONAMI OMWOYO(“the accused”) for the offence of manslaughter for the unlawful killing of DAVID NYABUTO (“the deceased”). The accused were involved in what is normally referred to as “mob justice”.
2. Prior to sentencing I directed that Probation Service prepare a Pre-sentence review report for consideration by the court. According to the report both accused are married with children. They support their respective families and are well regarded members of the society. They are also related to the deceased. They are both remorseful and claim that they were involved in the incident as a result of mob psychology. Jackosn Omwoyo is aged 59 years while Henry Nyabuto is 34 years old.
3. According to the report, the families of the accused and deceased were involved in reconciliation efforts. Indeed, there was an indication that all the deceased’s widow wanted was peace and harmony restored between the families. The prosecutor informed that court that the widow was reluctant to appear in court. The Probation Officer recommended that the accused be released on probation.
4. Counsel for the accused, supported the contents of the report and reiterated that the accused were remorseful and were asking the court for leniency and a non-custodial sentence. He emphasized that the families were already involved in reconciliation activities. He pointed out that the families of the accused would suffer if they were incarcerated.
5. The Pre-sentencing reports are positive and in favour the accused. However, this court must also consider the position of the deceased who died when the accused took the law into their own hands. This court, on his behalf and on behalf of the society, must express its disapproval and send a message that “mob justice” is not right. In these circumstances, I find that a custodial sentence is deserved.
6. I therefore sentence the accused, HENRY NYABUTO NYANGOSIA alias ELIKANAand JACKSON ONAMI OMWOYO to three (3) years imprisonment.
DATED and DELIVERED at KISII this 14thday of JUNE 2019.
D.S. MAJANJA
JUDGE
Mr Bigogo, Advocate for the 1st accused.
Mr Kaburi, Advocate for the 2nd accused.
Mr Otieno, Senior Prosecution Counsel, instructed by the Office of the Director of Public Prosecutions for the State.