[2018] KEHC 1958 (KLR)
The court found that four of the accused unlawfully killed two people during a family dispute, constituting manslaughter. Despite the absence of prior convictions and the familial relationship, the seriousness of the offence and the use of unnecessary force justified a custodial sentence. Muliwa Kinyiri was...
Source-derived case information.
- Citation
- [2018] KEHC 1958 (KLR)
- Parties
- Applicant: Republic; Defendant: John Mwinzi Kinyiri; Defendant: Mugao Kinyiri; Defendant: Eric Mulungye Kinyiri; Defendant: Erastus Syengo Kinyiri; Defendant: Mutati Kinyiri; Defendant: Muliwa Kinyiri; Defendant: Sarah Kamunda Mwinzi; Defendant: Rachael Mwende Mulungye; Defendant: Purity Makasi Kinyiri; Defendant: Anastasia Muthoni Kinyiri
- Court
- High Court
- Court Station
- High Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Four accused convicted of manslaughter sentenced to five years imprisonment on each of two counts, sentences to run concurrently; Muliwa Kinyiri discharged with a warning; right of appeal explained.
- Judges
- GMA Dulu
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Aggravating Factors, Family Violence, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
John Mwinzi Kinyiri
Defendant
Mugao Kinyiri
Defendant
Eric Mulungye Kinyiri
Defendant
Erastus Syengo Kinyiri
Defendant
Mutati Kinyiri
Defendant
Muliwa Kinyiri
Defendant
Sarah Kamunda Mwinzi
Defendant
Rachael Mwende Mulungye
Defendant
Purity Makasi Kinyiri
Defendant
Anastasia Muthoni Kinyiri
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the convicted accused persons should be sentenced for manslaughter in light of mitigation and aggravating factors.
- 2 Whether Muliwa Kinyiri should be discharged based on her role in the incident.
Ratio Decidendi
The court found that four of the accused unlawfully killed two people during a family dispute, constituting manslaughter. Despite the absence of prior convictions and the familial relationship, the seriousness of the offence and the use of unnecessary force justified a custodial sentence. Muliwa Kinyiri was discharged as there was no evidence she participated in the fatal assault, only in a lesser assault for which she was warned. The sentences for the four convicted were set at five years imprisonment for each count, to run concurrently, reflecting both the mitigating and aggravating circumstances.
Court Disposition
Four accused convicted of manslaughter sentenced to five years imprisonment on each of two counts, sentences to run concurrently; Muliwa Kinyiri discharged with a warning; right of appeal explained.
Orders
- Muliwa Kinyiri is discharged and warned to be of good conduct.
- Each of the four convicted accused to serve five years imprisonment on each of the two counts of manslaughter.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT GARISSA
CRIMINAL CASE NO. 24 OF 2014
REPUBLIC........................................................................PROSECUTOR
V E R S U S
JOHN MWINZI KINYIRI................................................1ST ACCUSED
MUGAO KINYIRI.............................................................2ND ACCUSED
ERIC MULUNGYE KINYIRI..........................................3RD ACCUSED
ERASTUS SYENGO KINYIRI........................................4TH ACCUSED
MUTATI KINYIRI............................................................5TH ACCUSED
MULIWA KINYIRI...........................................................6TH ACCUSED
SARAH KAMUNDA MWINZI........................................7TH ACCUSED
RACHAEL MWENDE MULUNGYE............................8TH ACCUSED
PURITY MAKASI KINYIRI..........................................9TH ACCUSED
ANASTASIA MUTHONI KINYIRI..............................10TH ACCUSED
SENTENCE
I have considered the mitigation and aggravating factors in this case. The accused persons are close relatives of the deceased. They have no record of previous convictions. Some of the initially accused persons were acquitted.
Mr. Ngala Mulonzya the counsel for the accused has made passionate mitigation for all the five (5) convicted accused persons. He pleaded for mercy. He said one of them Muliwa Kinyiri was old and a step mother of the deceased. He also said the other four convicted accused regretted fighting with and killing their step brother due to a dispute on land inheritance, that they are not old people and have family responsibilities.
Two people were killed in this matter. There is no indication that Muliwa Kinyiri was involved in the fight on Ruth Kanini Kinyiri. She was convicted of assault of Japhet Kinyiri and appears to have run away after she was hit by him. I will discharge her, but warn her to be of good conduct and a role model to her offspring.
As for the four others convicted of manslaughter, I appreciate that this case started in 2014 which is about four (4) years now. They however unlawfully killed two people. I sentence each to serve five (5) years imprisonment on each of the two counts, as they used unnecessary force against the two deceased persons.
To conclude, I discharge Muliwa Kanyiri. As for the other four (4) convicted for manslaughter, they will serve five (5) years imprisonment on each of the two counts. Sentences to run concurrently. Right of appeal explained.
Dated and delivered at Garissa this 26th November, 2018.
GEORGE DULU
JUDGE