[2018] KEHC 5334 (KLR)
The court considered the accused's guilty plea, his expression of remorse, his youth, and the circumstances of the offence, which occurred during a drunken altercation. However, the court also recognized the seriousness of the offence and the need to acknowledge the loss of life. Balancing these factors, the court...
Source-derived case information.
- Citation
- [2018] KEHC 5334 (KLR)
- Parties
- Applicant: Republic; Defendant: Jafari Omari Nyakundi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to ten years imprisonment for manslaughter
- Judges
- DAS Majanja
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Unlawful Killing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jafari Omari Nyakundi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter following a plea of guilty.
- 2 What sentence is appropriate given the circumstances of the offence and mitigation.
Ratio Decidendi
The court considered the accused's guilty plea, his expression of remorse, his youth, and the circumstances of the offence, which occurred during a drunken altercation. However, the court also recognized the seriousness of the offence and the need to acknowledge the loss of life. Balancing these factors, the court determined that a custodial sentence of ten years' imprisonment was appropriate to serve both punitive and rehabilitative purposes, while also reflecting the mitigating circumstances presented by the accused.
Court Disposition
accused sentenced to ten years imprisonment for manslaughter
Orders
- The accused, Jafari Omari Nyakundi, is sentenced to ten (10) years imprisonment.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 10 OF 2018
REPUBLIC................................PROSECUTOR
VERSUS
JAFARI OMARI NYAKUNDI........ACCUSED
RULING ON SENTENCE
1. The accused, JAFARI OMARI NYAKUNDI, has pleaded guilty to the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code (Chapter 63 of the Laws of Kenya) following a plea bargain agreement. The accused accepted that he unlawfully caused the death of EVANS THOMAS ONYINKWA on 15th March 2018 at Kenyenya Shopping Centre within Kisii County. The accused and deceased were relatives.
2. The facts outlined were that on the material evening the deceased was drinking at Masaba Bar at Kenyenya when the accused came and demanded to be given alcohol. When the deceased refused, a scuffle ensued between the two of them. They were separated and the accused left and came back after a while stabbed the deceased once in the chest. He left the bar and surrendered to the police. The deceased died as a result of the stab wound to his chest which penetrated the blood vessels of the heart.
3. The deceased’s family has called for a stiff sentence given that their loved one died an unjustified death.
4. I have considered that the accused is young and has expressed remorse and that the offence took place in a bar following a fight where he was drunk. On the other hand, I also accept that the death of a person must be recognized.
5. Taking all factors into account, including his plea of guilty at the first instance and plea of leniency, I hereby sentence the accused JAFARI OMARI NYAKUNDI to ten (10) years imprisonment.
Sentence read and pronounced in open Court this 23rd July 2018.
D.S Majanja
Judge
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions
Mr. Bigogo, Advocate for the Accused