[2015] KEHC 3347 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and shown genuine remorse, was provoked by the deceased's conduct and both parties were intoxicated at the material time. The accused's responsibility for six children, his age, and the three years already spent in custody were significant...
Source-derived case information.
- Citation
- [2015] KEHC 3347 (KLR)
- Parties
- Respondent: Republic; Defendant: Joseph Lelei Kurao
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 113 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to two years non-custodial sentence under probation supervision.
- Judges
- CB Nagillah
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, Mitigation, Probation, Non Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Joseph Lelei Kurao
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter under 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 presented.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and shown genuine remorse, was provoked by the deceased's conduct and both parties were intoxicated at the material time. The accused's responsibility for six children, his age, and the three years already spent in custody were significant mitigating factors. The probation report supported a non-custodial sentence. The court determined that justice would be served by releasing the accused to a two-year non-custodial sentence under probation supervision, balancing the gravity of the offence with the mitigating circumstances and the welfare of the children.
Court Disposition
Accused sentenced to two years non-custodial sentence under probation supervision.
Orders
- The accused, Joseph Lelei Kurao, is released to serve a two-year non-custodial sentence under the supervision of the Probation Officer.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.113 OF 2012
REPUBLIC
VERSUS
JOSEPH LELEI KURAO - ACCUSED
SENTENCING
1. This accused person, Joseph Lelei Kurao, is charged with the offence of manslaughter contrary to Section 202as read withSection 205 of the Penal Code. The particulars thereto being that on the 15th May of August 2012 at Ndoinyo Kopit area in Narok County, caused unlawfully the death of Angelinah Cherotich Kurao.
2. He pleaded guilty to the charge under the process of plea bargain agreement on 27th May 2015.
3. The court then called for Probation Report to shade some light on the way the court should mete out sentence on the accused person. The same was filed in court on 27th July 2015.
The reading of the Probation report shows the circumstances under which the deceased met her death. The accused was angered by the way his wife was neglecting his children as a result of heavy drinking. An alteration ensued as the result the accused bit her up from which she succumbed to death.
4. In mitigation the accused is:
1) Remorseful.
2) Both were drunk at the material time.
3) The deceased continued to take alcohol even as she attended the hospital.
4) They both had six children between them, after the arrest of the accused person following the death of their mother in the neighbours who have taken care of them.
5) He seeks leniency, non-custodial sentence to take case of his children.
6) He is over 55 years and has been in custody for 3 years.
5. Accordingly, this court releases the accused person, Joseph Lelei Kurao to two years non-custodial sentence under the supervision of the Probation Officer.
6. It is so ordered.
Dated, signed and delivered in open court this 31st day of July 2015
HON. C. B. NAGILLAH
JUDGE
In the presence of:
Sepele for the State
M/S Ombachi holding brief for M/S Anyona for the Accused
Samuel Omuga: court clerk