[2015] KEHC 6228 (KLR)
The court found that the accused, having been convicted of manslaughter following a plea bargain, had already spent four years in custody. However, the social inquiry report did not support a non-custodial sentence. Considering the circumstances of the offence, the accused's overreaction resulting in a fatal injury,...
Source-derived case information.
- Citation
- [2015] KEHC 6228 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Kimutai
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2010
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- The accused is sentenced to two and a half years imprisonment.
- Judges
- HI Ong'udi
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackson Kimutai
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter under a plea bargain arrangement.
- 2 Whether the period already spent in custody should influence the sentence imposed.
- 3 Whether a non-custodial sentence is appropriate given the social inquiry report.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter following a plea bargain, had already spent four years in custody. However, the social inquiry report did not support a non-custodial sentence. Considering the circumstances of the offence, the accused's overreaction resulting in a fatal injury, and the period already spent in custody, the court determined that a custodial sentence was warranted. A sentence of two and a half years imprisonment was deemed appropriate and proportionate in the circumstances.
Court Disposition
The accused is sentenced to two and a half years imprisonment.
Orders
- The accused shall serve two and a half years imprisonment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO. 19 OF 2010
REPUBLIC.............................................................PROSECUTOR
VERSUS
JACKSON KIMUTAI.......................................................ACCUSED
RULING ON SENTENCE
The accused was convicted for Manslaughter contrary to Section 202 as read with Section 205 of the Penal code after a plea bargaining arrangement.
The circumstances leading to the commission of the offence are in the facts.
The accused overreacted and caused a fatal injury to the deceased.
He has been in custody for four (4) years.
The social inquiry report filed herein is not supportive of a non custodial sentence.
I have considered all the above. A sentence of 2 ½ years imprisonment is appropriate in the circumstances. It is so ordered.
Dated, signed and delivered in open court this 13th day of March, 2015.
…..................
H. ONG'UDI
JUDGE
In the presence of:
M/s Mwangi for State
Mr. Miruka for accused
Lagat- court assistant