[2021] KEHC 2715 (KLR)
The court found that the offence involved the use of a dangerous weapon resulting in the loss of life, with no evidence of provocation or psychological distress on the part of the accused. The aggravating factors, including the manner of the assault and the accused's conduct after the offence, outweighed any...
Source-derived case information.
- Citation
- [2021] KEHC 2715 (KLR)
- Parties
- Applicant: Republic; Defendant: James Kamau Tama
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- DB Nyakundi
- Legal Topics
- Manslaughter, Sentencing Guidelines, Plea Bargaining, Mitigating and Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
James Kamau Tama
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial term for the offence of manslaughter.
- 2 What sentence is appropriate considering the plea-bargaining agreement, mitigating and aggravating factors.
Ratio Decidendi
The court found that the offence involved the use of a dangerous weapon resulting in the loss of life, with no evidence of provocation or psychological distress on the part of the accused. The aggravating factors, including the manner of the assault and the accused's conduct after the offence, outweighed any mitigating factors such as remorse and being a first offender. The court determined that a custodial sentence was necessary to serve the interests of justice and deterrence, and imposed a sentence of ten years imprisonment in accordance with the plea-bargaining agreement and relevant sentencing principles.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to ten (10) years imprisonment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARSEN
CRIMINAL CASE NO. 4 OF 2017
REPUBLIC ......................................................................................PROSECUTOR
VERSUS
JAMES KAMAU TAMA ....................................................................... ACCUSED
CORAM: Hon. Justice Reuben Nyakundi
Mr. Mwangi for the State
Accused in person
S E N T E N C E – V E R D I C T
In following a plea-bargaining agreement the convict James Kamau Tama was indicted with the offence of manslaughter contrary to Section 202 (1) as punishable under Section 205 of the Penal Code. The details of the circumstances surrounding the unlawful conduct and subsequent death of the deceased are combined in the plea-bargaining agreement.
To that extent possible manslaughter offence is punishable with a maximum sentence of life imprisonment, which must be read consistently with the general principles of sentencing expressed in Francis Muruatetu v R {2017} eKLR. In addition the principles found in the sentencing policy guidelines of the judiciary 2016.
In this case, I have evaluated the contextual factors in light of the particular circumstances of the convict before Court. Again its to be remembered that the convict is a first offender who also told the Court that he is remorseful and regrets the incident. As set out in the plea-bargaining agreement, the first factor is the gravity of the offence where the life of another human being was lost. An analysis of the gravity of the offence involved use of a dangerous weapon namely a sword to inflict fatal injuries. Further, immediately, after the assault, the deceased took flight from the scene and the accused cared less as to his well being. The body of the deceased was to be discovered later while in the process of decomposition. The character of the convict after committing the offence portrays him as a senseless and emotionless person in so far as his criminal conduct is concerned.
There was no evidence by the convict being in an extreme a psychological distress to take away the deceased. Second, no excuse or provocation that triggered the fatal injury. Therefore, mitigating factors weighed against aggravating factors carry no balancing scale to impact on the decision of a lesser sentence. I am convinced that a custodian sentence in this matter would be most appropriate to serve the interest of justice and as a deterrence measure for the culpability of the convict. As a consequence, I impose a sentence of ten (10) years imprisonment.
DATED, SIGNED AND DELIVERED AT MALINDI THIS 29TH DAY OF OCTOBER 2021
………………………………….
R. NYAKUNDI
JUDGE
In the presence of:
1. MR. MWANGI FOR THE STATE
2. THE ACCUSED PERSON