[2019] KEHC 5498 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to have his mitigation and the period spent in custody considered. The court noted the accused's young age, the favourable pre-sentence report, and the fact that he had already been in custody for over three...
Source-derived case information.
- Citation
- [2019] KEHC 5498 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Mwendwa Kanari
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 140 of 2017
- Procedural Posture
- Criminal Trial / Sentencing Ruling
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Jackson Mwendwa Kanari
Defendant
Procedural Posture
Criminal Trial / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter following a plea bargain arrangement.
- 2 What sentence is appropriate considering the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to have his mitigation and the period spent in custody considered. The court noted the accused's young age, the favourable pre-sentence report, and the fact that he had already been in custody for over three years. The court also considered the circumstances of the offence, specifically that the accused's reaction was disproportionate to the deceased's actions. Balancing these factors, the court determined that a custodial sentence of two and a half years was appropriate.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve two and a half years (30 months) imprisonment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 140 OF 2017
REPUBLIC...................................................PROSECUTOR
VERSUS
JACKSON MWENDWA KANARI..................ACCUSED
(Formerly Machakos High Court Criminal Case No. 21 of 2016)
RULING ON SENTENCE
1. The accused had initially been charged with murder contrary to section 203 as read with section 204 of the Penal Code. After a plea bargain arrangement the charge was reduced to manslaughter contrary to section 202 as read with section 205 of which he was convicted.
2. The pre-sentence report is favourable to the accused who is aged 25 years old. He was first arraigned in court on 03/05/2016 which is 3 years 2 months now.
3. I have considered the mitigation and the circumstances leading to the commission of the offence. The accused must learn to manage his anger. What the deceased did not warrant a lash of that nature from the accused. He went overboard.
4. I have considered the period the accused has been in custody.
ORDER
(i)The accused is sentenced to serve two and a half years (30 months) imprisonment.
DELIVERED, SIGNED & DATED THIS 23RD DAY OF JULY, 2019 AT MAKUENI IN OPEN COURT.
......................................
HON. H. I. ONG’UDI
JUDGE