[2018] KEHC 1111 (KLR)
The court found that the accused, having been provoked by the deceased and being a first offender who has shown remorse, deserved leniency. The fact that the accused had already spent close to six years in custody and the presentence report was favourable further justified a non-custodial sentence. The court...
Source-derived case information.
- Citation
- [2018] KEHC 1111 (KLR)
- Parties
- Applicant: Republic; Defendant: John Mururu Kubai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 93 of 2013
- Procedural Posture
- Criminal Law / Sentencing
- Outcome
- Accused sentenced to three years probation.
- Judges
- A Mabeya
- Legal Topics
- Sentencing, Mitigation, Provocation, Manslaughter, Probation Orders
- 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
John Mururu Kubai
Defendant
Procedural Posture
Criminal Law / Sentencing
Legal Issues
- 1 Whether the accused should be given a custodial or non-custodial sentence given the circumstances of the offence.
- 2 Whether the period spent in custody and the mitigating factors warrant a lenient sentence.
Ratio Decidendi
The court found that the accused, having been provoked by the deceased and being a first offender who has shown remorse, deserved leniency. The fact that the accused had already spent close to six years in custody and the presentence report was favourable further justified a non-custodial sentence. The court therefore sentenced the accused to three years' probation under the supervision of the Probation Officer, Igembe District, rather than imposing a further custodial sentence.
Court Disposition
Accused sentenced to three years probation.
Orders
- The accused is sentenced to three years probation under the Probation Officer, Igembe District.
- Right of appeal within 14 days explained.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HCCR CASE NO 93 OF 2013
REPUBLIC.............................................................PROSECUTOR
VERSUS
JOHN MURURU KUBAI...............................................ACCUSED
SENTENCE
1. I have considered the able mitigation made on behalf of the accused. That he is a first offender, remorseful and family man. He has been in custody for close to six years. The submissions of prosecution as to sentence.
2. I have considered the circumstances under which the offence occurred. That the deceased was the cause of the commotion and that he provoked the accused with extremely provocative insult. That these were two brothers who fought in the presence of one of their parents resulting in death.
3. I have also considered the presentence report on record which is favourable to the accused.
4. Taking into consideration all the foregoing and the 6 years this period the accused has spent in custody. I sentence the accused to 3 years Probation under the Probation Officer, Igembe District. Right of Appeal 14 days explained.
A. MABEYA
JUDGE
18/12/2018