[2022] KEHC 1673 (KLR)
The court found that the continued delay by the Probation Office in filing a report was inordinate and unjustified. In the absence of the report, and to avoid further delay of justice, the court exercised its discretion to proceed with sentencing. The accused, having been convicted of manslaughter and having been in...
Source-derived case information.
- Citation
- [2022] KEHC 1673 (KLR)
- Parties
- Applicant: Republic; Defendant: Jeremiah Musyoki alias Kimangu
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to six years imprisonment for manslaughter, sentence to run from 29/01/2016
- Legal Topics
- Manslaughter, Sentencing Principles, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Jeremiah Musyoki alias Kimangu
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced for the offence of manslaughter given the absence of a probation report.
- 2 Whether the period spent in custody should be considered in sentencing.
Ratio Decidendi
The court found that the continued delay by the Probation Office in filing a report was inordinate and unjustified. In the absence of the report, and to avoid further delay of justice, the court exercised its discretion to proceed with sentencing. The accused, having been convicted of manslaughter and having been in custody since 29/01/2016, was sentenced to six years imprisonment, with the sentence to run from the date of first remand. The court considered the period already spent in custody as part of the sentence, in line with statutory requirements and principles of fairness.
Court Disposition
accused sentenced to six years imprisonment for manslaughter, sentence to run from 29/01/2016
Orders
- The accused is sentenced to six years imprisonment from 29/01/2016.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 3 OF 2016
REPUBLIC..........................................................PROSECUTOR
-V/S-
JEREMIAH MUSYOKI alias KIMANGU...............ACCUSED
SENTENCE PROCEEDINGS
1/3/2022
Before Hon. Lady Justice A. Ong’injo J
Court Asst. – Ogwel
Accused – Present in person
Ms. Ongeti for state
Ms. Odhiang for accused
Ms. Nyonga - Probation Officer
MS. NYONGA
Mr. Kioko was supposed to have filed report.
COURT
Judgment in this matter was delivered on 3/12/2021 when Victim Impact Statement was called for. Being that for the last 3 months the Probation Office has not been able to file any report this court will take it that they are not able to do so either for reasons of incompetence or otherwise and go ahead to give a verdict as the delay is inordinate.
The accused has been in custody since 29/01/2016. Having been convicted for manslaughter he is sentenced to serve 6 years imprisonment from 29/01/2016.
Right of Appeal 14 days.
Hon. Lady Justice A. Ong’injo
Judge
1/03/2022