[2013] KEHC 5262 (KLR)
The court found that the accused was guilty of manslaughter under Section 202 as read with Section 205 of the Penal Code, having caused the death of his brother in circumstances involving violence while intoxicated. Despite the accused's remorse and the fact that he had already spent five years in custody, the court...
Source-derived case information.
- Citation
- [2013] KEHC 5262 (KLR)
- Parties
- Respondent: Republic; Defendant: Joel Wycliffe Adiela
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 5 of 2008
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joel Wycliffe Adiela
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
- 2 What is the appropriate sentence for the accused given the circumstances and mitigation.
Ratio Decidendi
The court found that the accused was guilty of manslaughter under Section 202 as read with Section 205 of the Penal Code, having caused the death of his brother in circumstances involving violence while intoxicated. Despite the accused's remorse and the fact that he had already spent five years in custody, the court determined that further imprisonment was necessary to allow the accused to reflect and change his behavior. The sentence imposed was three years' imprisonment, balancing the period already served with the need for further deterrence and rehabilitation.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve three years imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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REPUBLIC ............................................................................. PROSECUTOR
V E R S U S
JOEL WYCLIFFE ADIELA ............................................................ ACCUSED
S E N T E N C E
The accused person was found guilty of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. In mitigation, counsel for the accused submitted that the accused is remorseful. He is 39 years old and has one wife and two children.
The circumstances of the case are that the deceased was a brother to the accused. The witnesses are family members and from the evidence on record, it is clear that the accused is violent especially when he is drunk as was the situation in this case. I note that the accused has been in custody since January 2008, a period of five years. However, he needs to serve more time in prison so that he can retrace his steps and change his behavior. The accused is sentenced to serve three (3) years imprisonment.
Delivered, dated and signed at Kakamega this 31st day of January, 2013
SAID J. CHITEMBWE
J U D G E