[2021] KEHC 8110 (KLR)
The court found that despite the accused's plea of guilty, remorse, and status as a first offender, the manner in which the offence was committed was particularly egregious and beastly. The accused led the deceased to his death, ignored warnings, and acted with resolve, aggravating the offence. The court considered...
Source-derived case information.
- Citation
- [2021] KEHC 8110 (KLR)
- Parties
- Applicant: Republic; Defendant: Jackson Ndegwa Kisima alias Redman
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2019
- Procedural Posture
- Criminal Case / Sentencing After Plea of Guilty to Manslaughter Following Plea Bargain
- Outcome
- Accused sentenced to 15 years imprisonment for manslaughter, sentence to run from 29th May 2019.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackson Ndegwa Kisima alias Redman
Defendant
Procedural Posture
Criminal Case / Sentencing After Plea of Guilty to Manslaughter Following Plea Bargain
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term or a more lenient sentence following a plea of guilty to manslaughter.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court found that despite the accused's plea of guilty, remorse, and status as a first offender, the manner in which the offence was committed was particularly egregious and beastly. The accused led the deceased to his death, ignored warnings, and acted with resolve, aggravating the offence. The court considered the victim impact statement, which showed the family was deeply affected and not interested in compensation. Balancing the mitigating and aggravating factors, and considering that life imprisonment is the maximum for manslaughter, the court determined that a 15-year custodial sentence was appropriate. The sentence was ordered to run from the date of first arraignment,...
Court Disposition
Accused sentenced to 15 years imprisonment for manslaughter, sentence to run from 29th May 2019.
Orders
- The accused is sentenced to 15 years imprisonment for manslaughter.
- The sentence shall take effect from 29th May 2019, the date of first arraignment.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT VOI
CRIMINAL CASE NO. 5 OF 2019
REPUBLIC..........................................................................DPP
VERSUS
JACKSON NDEGWA KISIMA alias REDMAN.....ACCUSED
R U L I N G
1. The matter herein comes up for ruling as sentencing following accused persons plea of guilty for the offence of Manslaughter which was brought against him after plea bargain.
2. The accused was said to be a 1st offender. In mitigation the accused advocate Mr. Mwanumba said the accused was a young man with young family and that he was remorseful and court should exercise mercy and leniency.
3. The accused advocate said the accused had enough punishment in remand and should be given a term of 5 years. This court called for a victim impact statement which was filed on 8th March 2021 and from it, it is clear that the parents of the deceased are still at pains to come to terms with the death of their son in the hands of the accused whom they raised following the death of his father the brother to deceased father. They are not ready for any compensation as no amount of money can restitute the death of their son.
4. This court has considered the facts of this case and the fact that the accused led the deceased to his death and even when the deceased send a text message and called his friend telling them accused was going to kill him he didn’t not backtrack from his evil intention. The reason for killing the deceased a 24 years old young man who had hardly started living as an independent adult is most bizzare.
5. Although the accused pleaded guilty to the offence of manslaughter and saved court’s time the resolve and manner in which he carried out the murder was so beastly and not expected of a normal human being and he therefore deserves to be punished.
6. I do find that imprisonment for 15 years will be sufficient considering life imprisonment is provided for the offence of Manslaughter. The sentence will however take effect from 29th May 2019 when he was 1st arraigned in court.
7. The accused has a right of Appeal on sentence within 14 days.
DATED, SIGNED AND DELIVERED AT MOMBASA THIS 19TH DAY OF MARCH 2021.
HON. LADY JUSTICE A. ONG’INJO
JUDGE