[2019] KEHC 87 (KLR)
The court found that, despite the accused being first offenders and recommendations for non-custodial sentences in the Pre-Sentence Reports, the gravity of the offence—killing a fellow fisherman in a brutal manner at night—outweighed these considerations. The court noted the lack of reconciliation efforts by the...
Source-derived case information.
- Citation
- [2019] KEHC 87 (KLR)
- Parties
- Applicant: Republic; Defendant: Jared Ochieng; Defendant: Bernard Wasonga Yongo
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case16 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Each accused person sentenced to 10 years' imprisonment for manslaughter.
- Judges
- AC Mrima
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, First Offender, Non Custodial Sentence, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jared Ochieng
Defendant
Bernard Wasonga Yongo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to a custodial or non-custodial sentence for 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 being first offenders and recommendations for non-custodial sentences in the Pre-Sentence Reports, the gravity of the offence—killing a fellow fisherman in a brutal manner at night—outweighed these considerations. The court noted the lack of reconciliation efforts by the accused or their families with the deceased's family. Balancing the interests of both sides, the court determined that a non-custodial sentence was inappropriate and imposed a custodial sentence of 10 years' imprisonment for each accused.
Court Disposition
Each accused person sentenced to 10 years' imprisonment for manslaughter.
Orders
- Each accused person shall serve 10 years' imprisonment.
- Sentence to run from the date of conviction.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
CRIMINAL CASE NO. 16 OF 2017
REPUBLIC...................................................................PROSECUTOR
-VERSUS-
1. JARED OCHIENG
2. BERNARD WASONGA YONGO.................................ACCUSED
SENTENCE
1. The Accused persons herein were charged with the information of murder and after a trial they were found guilty and convicted of the offence of manslaughter on 16/05/2019. On 29/05/2019 parties tendered submissions and mitigations on sentence where the Defence Counsel urged this Court to exercise leniency as the accused persons are remorseful.
2. The prosecution prayed for a severe sentence given that an innocent life was lost and although the accused persons are first offenders they are liable to life imprisonment.
3. I have considered this matter with a keen eye. The circumstances under which the accused persons committed the offence were well captured in the judgment. As stated therein the accused persons acted in such a beastly manner by terminating the life of their fellow fisherman in the lake waters and at night. I have also taken into account the Pre-Sentence Reports on record and their recommendations that the accused persons be committed to non-custodial sentences although none of the accused persons or their families have taken any steps towards fostering peace and reconciliation over the matter with the family of the deceased. I also note that the accused persons have young families.
4. By striking a balance between the interests of the accused persons and those of the family of the deceased and having considered the Pre-Sentence Report I find that this is a case which is not fit for a non-custodial sentence. I hereby sentence each of the accused persons to 10 years’ imprisonment.
It is so ordered.
DELIVERED, DATEDandSIGNEDat MIGORI this28thday ofJune 2019
A. C. MRIMA
JUDGE
Sentence delivered in open Court and in the presence of:
Mr. Mwita KerarioCounsel for the Accused person.
Mr. Kimanthi, Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke –Court Assistant