[2004] KEHC 1748 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and considering the facts that the altercation was domestic in nature, the accused was a first offender, young, and had shown remorse, warranted a lenient sentence. The period already spent in remand was also taken into account. The court...
Source-derived case information.
- Citation
- [2004] KEHC 1748 (KLR)
- Parties
- Applicant: Republic; Defendant: Jibu Badi Hamisi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 28 of 2003
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Jibu Badi Hamisi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused unlawfully caused the death of the deceased, constituting manslaughter.
- 2 What sentence is appropriate given the circumstances and mitigation presented.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and considering the facts that the altercation was domestic in nature, the accused was a first offender, young, and had shown remorse, warranted a lenient sentence. The period already spent in remand was also taken into account. The court determined that a sentence of nine months' imprisonment was appropriate under the circumstances, balancing the gravity of the offence with the mitigating factors presented.
Court Disposition
convicted and sentenced
Orders
- The accused shall serve nine (9) months imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO.28 OF 2003
REPUBLIC …………………………………………………..…………… PROSECUTOR
VERSUS
JIBU BADI HAMISI …………………………………………………………… ACCUSED
Coram: Before Hon. Justice Mwera
Miss Mwaniki for the State
No appearance for Accused person
Court clerk – Sango
SENTENCE
The accused was charged with manslaughter contrary to section 202 as read with S.205 Penal Code in that on 1-9-03 at Shanzu Village in Mombasa District she unlawfully caused the death of Alexander Badi. She pleaded guilty and facts were reproduced.
The court heard that the accused was the deceased’s sister. Seemingly they lived with another brother at Shanzu. Alexander then moved house so he returned to collect his personal belongings but he could not trace some clothe items. That when he asked the accused of the whereabouts of them she did not give a satisfactory explanation and thus a row followed. The row developed into a fight.
That the deceased broke the accused’s bed. He also slapped her. That in the commotion, the accused stabbed the brother in the chest. He died on arrival at the hospital. A post mortem report revealed that that stab wound killed him. The State asked the court to treat the accused as a first offender. In mitigation it was stated that she was young and had since the incident felt remorse and regrets. Emphasis was laid on the circumstances of the incident and the court was urged to show leniency.
Having considered all the above and noting that the accused has been in remand since the incident – some nine or so months ago, this court orders that she will serve nine (9) months imprisonment.
Orders accordingly.
Delivered on 6th July 2004.
J.W. MWERA
JUDGE