[2018] KEHC 46 (KLR)
The court found that, despite the accused's plea of guilt and claims of remorse, the pre-sentence report indicated a lack of genuine remorse and intentional conduct. The facts established that the accused stabbed the deceased, resulting in her death in a painful manner. The law provides for life imprisonment for...
Source-derived case information.
- Citation
- [2018] KEHC 46 (KLR)
- Parties
- Applicant: Republic; Defendant: Jared Ongaki Mose
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- REA Ougo
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Mental Health in Criminal Law
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jared Ongaki Mose
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is remorseful and eligible for leniency in sentencing.
- 2 Whether the circumstances of the offence warrant a custodial sentence.
- 3 What is the appropriate sentence for manslaughter under the given facts.
Ratio Decidendi
The court found that, despite the accused's plea of guilt and claims of remorse, the pre-sentence report indicated a lack of genuine remorse and intentional conduct. The facts established that the accused stabbed the deceased, resulting in her death in a painful manner. The law provides for life imprisonment for manslaughter, but the court exercised its discretion, considering all circumstances, including the negative pre-sentence report and the gravity of the offence. The court determined that a custodial sentence of ten years' imprisonment was appropriate to reflect the seriousness of the offence and the lack of mitigating factors sufficient to warrant a non-custodial sentence.
Court Disposition
convicted and sentenced
Orders
- The accused Jared Ongaki Mose is sentenced to ten (10) years imprisonment.
- The accused has a right of appeal within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE HIGH COURT OF KENYA
AT KISII
(CORAM: R.E OUGO)
CRIMINAL CASE NO.26 OF 2019(MURDER)
REPUBLIC...............................................................................PROSECUTOR
-VERSUS-
JARED ONGAKI MOSE................................................................ACCUSED
SENTENCE
The accused Jared Ongaki Mose has pleaded guilty to a charge of manslaughter. He s said to be a first. In his mitigation he states he is remorseful and that that he has learnt his lesson in Prison. He maintained that he suffers from a mental illness and that he used to drink.
He also claims that he is the sole breadwinner and that he has tried to extend a hand of reconciliation. The victim’s parent was interviewed the father of the deceased is still hurting and wants him jailed. The accused’s father was also interviewed he doesn’t want the accused at home.
The pre-sentence report is not favourable at all. It states that the accused is not remorseful at all and that he was out to teach the wife a lesson because she had been joking with his matrimonial bed and that what he did was intentional.
The report concludes that he is a social misfit and that his act was intentional.
The facts as read was that the accused person stab the deceased and that she died as a result of the stab wound. It was a painful way to die.
The law provides that one found guilty of manslaughter is liable to life imprisonment.
Considering all the said facts I sentence the accused person Jared Ongaki Moseto a term of (10) ten years imprisonment.
The accused person has a right of appeal within 14 days.
Dated, signed and delivered at Kisii this 4th day of December, 2019.
R.E. OUGO
JUDGE
In the presence of;
Accused Jared Ongaki Mose
Mr. Otieno Senior Prosecution Counsel office of the DPP
Ms. Rael Court Clerk