[2019] KEHC 2147 (KLR)
The court found that the accused, having entered a plea bargain and been convicted of manslaughter, was eligible for a non-custodial sentence due to the favorable social inquiry report, his positive conduct since release on bond, and the willingness of his family and community to receive him back. The court...
Source-derived case information.
- Citation
- [2019] KEHC 2147 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Kyende Masika
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2019
- Procedural Posture
- Criminal Law / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
- Outcome
- Accused placed on probation for three years under supervision of the Makueni county probation officer.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Probation, Social Inquiry Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Kyende Masika
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
Legal Issues
- 1 Whether the accused should be granted leniency in sentencing after conviction for manslaughter under a plea bargain agreement.
- 2 What is the appropriate sentence for the accused considering the social inquiry report and circumstances of the case.
Ratio Decidendi
The court found that the accused, having entered a plea bargain and been convicted of manslaughter, was eligible for a non-custodial sentence due to the favorable social inquiry report, his positive conduct since release on bond, and the willingness of his family and community to receive him back. The court determined that probation for three years under supervision was appropriate, as the accused had shown genuine rehabilitation and posed no risk to the community. The sentencing took into account the interests of justice, the accused's personal circumstances, and the recommendations of the probation officer.
Court Disposition
Accused placed on probation for three years under supervision of the Makueni county probation officer.
Orders
- The accused is placed on probation for three years under the supervision of the Makueni county probation officer.
- Conditions of probation explained to the accused.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 19 OF 2019
REPUBLIC...................................................PROSECUTION
-VERSUS-
JOSEPH KYENDE MASIKA..............................ACCUSED
RULING ON SENTENCE
1. The accused was charged with murder contrary to section 203 as read with section 204 Penal Code which was later reduced to manslaughter contrary to section 202 as read with section 205 Penal Code upon entry of a plea bargain agreement.
2. Upon conviction, the accused through his advocate M/s. Muthiani asked the court for leniency while sentencing him. The record shows that the accused is a nephew to the deceased i.e. the deceased and the accused’s father were brothers.
3. The court called for a detailed social inquiry report which was filed on 18th November, 2019. The report reveals that the accused has no issues with the family, community and the administration who are ready to receive him back. It has also been revealed that both parents of the accused are alive. Accused is aged 45 years, married with three children.
4. He is said to have changed for the better since his release on bond. Currently, he is under spiritual guidance by Pastor Zacheas Kavoi of CCI – Mumela.
5. The report filed is therefore favourable to him. I hereby place him on probation for three (3) years under the supervision of the Makueni county probation officer. Conditions well explained to the accused.
Orders accordingly.
Delivered, signed & dated this 20th day of November 2019, in open court at Makueni.
......................................
Hon. H. I. Ong’udi
Judge