[2016] KEHC 6582 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was remorseful and had already spent over a year in custody. The court considered the accused's health condition, the recommendation for a non-custodial sentence by the probation officer, and the need for rehabilitation...
Source-derived case information.
- Citation
- [2016] KEHC 6582 (KLR)
- Parties
- Applicant: Republic; Respondent: Jackson Ongeri Omanga
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 94 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to two years non-custodial sentence under probation supervision.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jackson Ongeri Omanga
Respondent
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence for the accused given the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was remorseful and had already spent over a year in custody. The court considered the accused's health condition, the recommendation for a non-custodial sentence by the probation officer, and the need for rehabilitation over retribution. The court determined that a non-custodial sentence of two years under probation supervision was appropriate, balancing the gravity of the offence with the mitigating factors and the period already spent in custody.
Court Disposition
Accused sentenced to two years non-custodial sentence under probation supervision.
Orders
- The accused is sentenced to two years non-custodial sentence under the supervision of the Probation Officer of his area.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
CRIMINAL CASE NO.94 OF 2014
REPUBLIC.......................................................................PROSECUTOR
VERSUS
JACKSON ONGERI OMANGA..............................................ACCUSED
SENTENCE
1. The accused herein JACKSON ONGERI OMANGA was charged with one count of Murder contrary to Section 203as read withSection 204 of the Penal Code.
2. The charge was on 14th July 2015, by a plea bargain agreement entered into between the accused and the State, reduced to a lesser charge of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
3. The particulars of the charge are that on the night of 17th September 2014 at Kemera Location, in Manga District within Nyamira County in the Republic of Kenya, unlawfully cause the death of ELVIS OTWOMA ONGERI.
4. The accused pleaded guilty to the reduced charge of manslaughter and was consequently convicted on his own plea of guilty.
5. The accused and the deceased were father and son respectively. The circumstances of the offence are that on the night of 17th September 2014, the accused picked a quarrel with his wife over food that he wanted his wife to serve him and when the wife told him that there was no salt, he started beating her. The wife escaped leaving behind her two children the deceased and one Edwin. The accused turned his anger on the children whom he beat mercilessly but Edwin managed to escape leaving behind the deceased who was not so lucky as he sustained severe head injuries that led to his hospitalization and eventual death on 18th September 2014.
6. In mitigation, Mr. Bigogo for the accused submitted that the accused was very remorseful and blamed his actions on alcohol as he had no intentions of killing his own child.
7. Mr. Bigogo further added that the accused is sickly having tested HIV positive and therefore, a non-custodial sentence would enable him seek better treatment and home-based care.
8. The Probation Oficers pre-sentence report filed in court on 18th November 2015 recommended a non-custodial sentence for the accused.
9. I have taken due consideration of the facts of the case, the accused’s mitigation and the recommendations of the Probation Officer.
10. I note that the accused has been in custody for over 1 year while awaiting his trial which period serves as adequate lesson to him to keep away from irresponsible consumption of alcohol and violence.
11. The accused caused the death of his own little child whom he should have protected from danger or harm.
12. Accordingly, I hereby sentence the accused herein, JACKSON ONGERI MOCHAMA to 2 years non-custodial sentence during which time he will be under the supervision of the Probation Officer of his area.
Dated, signed and delivered in open court this 20th day of January 2016
HON. W. OKWANY
JUDGE
In the presence of:
Otieno for the State
Accused in person
Omwoyo: court clerk