[2022] KEHC 2752 (KLR)
The court considered the mitigation advanced by the accused, including her plea bargain, remorse, efforts at reconciliation, and time spent in custody. However, the court also took into account the social inquiry report, which indicated a negative attitude from the deceased's family towards the accused, and the...
Source-derived case information.
- Citation
- [2022] KEHC 2752 (KLR)
- Parties
- Respondent: Republic; Defendant: Jescah Kalumu Mungatu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E042 of 2020
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to 15 years' imprisonment for manslaughter
- Judges
- DO Ogembo
- Legal Topics
- Manslaughter, Sentencing Principles, Plea Bargaining, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Jescah Kalumu Mungatu
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be given a custodial or non-custodial sentence for the offence of manslaughter.
- 2 What weight should be given to the accused's mitigation and the social inquiry report.
Ratio Decidendi
The court considered the mitigation advanced by the accused, including her plea bargain, remorse, efforts at reconciliation, and time spent in custody. However, the court also took into account the social inquiry report, which indicated a negative attitude from the deceased's family towards the accused, and the gravity of the offence, noting that a young life was lost and the family suffered tremendous loss. The court concluded that the seriousness of the offence and the circumstances outweighed the mitigating factors, and that a custodial sentence was warranted. Accordingly, the accused was sentenced to 15 years' imprisonment, to run from the date of first arraignment.
Court Disposition
accused sentenced to 15 years' imprisonment for manslaughter
Orders
- The accused is sentenced to serve 15 years' imprisonment.
- The sentence shall run from 1.12.2020, the date of first arraignment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASEE042 OF 2020
REPUBLIC....................................................................................PROSECUTOR
VERSUS
JESCAH KALUMU MUNGATU......................................................ACCUSED
RULING
I have considered the mitigation of the accused. The accused has pleaded that she has saved the court’s time by entering a plea bargaining agreement with the state. And that she is deeply remorseful. She has also started a reconciliation process with the family of the deceased. Further that she is a young mother of 3 children who require her presence. Also the fact that she has been in custody from 14. 11. 2020. She pleads for lenient non-custodial sentence.
The prosecution, on the other hand, urged for a still custodial sentence.
Pursuant to an application by the defence, this court obtained a social inquiry report from the probation officer. The said report clearly shows the negative attitude that both the husband and family have about the accused. To say the least, the said report is grossly out of favour of the accused.
I have accordingly, taken into account the mitigation of the accused and the social inquiry report made by the probation officer. This is a serious case in which the life of a young lady was cut short by the action of the accused. The husband and family of the deceased have suffered tremendous loss. I am convinced that the circumstances of this case points to only I conclusion. That the accused deserves a custodial sentence.
Section 205 of the penal code provides for the sentence for the offence of manslaughter. It states;
“any person who commits the felony of manslaughter is liable to imprisonment for life.”
I accordingly sentence the accused to serve 15 years’ imprisonment. This term shall run from 1. 12. 2020 when she was first arraigned in court. Right of appeal 14 days.
D. O. OGEMBO
JUDGE
2. 2.2022
Court:
Ruling read out in open court in presence of the accused, Mr. Mitullah for the accused and Ms. Kimani for the state.
D. O. OGEMBO
JUDGE
2. 2.2022