[2015] KEHC 1943 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, acted in the heat of the moment to defend his father from an armed attack by the deceased. The court considered the accused's remorse, the reconciliation between the families, the lack of prior criminal record, and the two...
Source-derived case information.
- Citation
- [2015] KEHC 1943 (KLR)
- Parties
- Applicant: Republic; Defendant: Joseph Maina Matundura
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 106 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to one year non-custodial sentence under probation supervision
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation, Remorse and Rehabilitation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joseph Maina Matundura
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence considering the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, acted in the heat of the moment to defend his father from an armed attack by the deceased. The court considered the accused's remorse, the reconciliation between the families, the lack of prior criminal record, and the two years already spent in custody. The court determined that a non-custodial sentence of one year under probation supervision was appropriate, as further incarceration would not serve the interests of justice or rehabilitation.
Court Disposition
accused sentenced to one year non-custodial sentence under probation supervision
Orders
- The accused is sentenced to one year non-custodial sentence under the supervision of the Probation Officer of his area.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 106 OF 2013
REPUBLIC ………………………………………….……………...PROSECUTOR
VERSUS
JOSEPH MAINA MATUNDURA………..…….………………………ACCUSED
SENTENCE
The accused person herein JOSEPH MAINA MATUNDURA, was initially charged with the offence of Murder contrary to Section203 as read withSection 204 of the Penal Code.
By a plea bargain agreement entered into on the 16th July 2015 between the accused person and the State, the said charge was reduced to Manslaughter contrary to Section 202as read withSection 205 of the Penal Code.
The particulars of the charge were that on 8th October 2013 at Bogita Sub-location in Kisii South District within Kisii County in the Republic of Kenya unlawfully caused the death of FREDRICK OMBUI MATUNDURA.
The accused person pleaded guilty to the said charge and was consequently convicted on his own plea of guilty.
The facts leading to the commission of the offence pleaded to were that on 8th October 2013, the deceased had an argument with his elder brother, who is the father of the accused herein. The deceased went to his brother’s house while armed with a panga. The brother raised an alarm thereby prompting the accused to come to his father’s rescue by throwing a stone at the deceased which stone ended up injuring the deceased fatally.
A post mortem examination conducted on the body of the deceased determined the cause of death as cardio-pulmonary arrest due to severe head injury secondary to assault.
In mitigation, Mr. Bigogo, counsel for the accused submitted that the accused was remorseful and had not planned to kill the deceased but only acted in the heat of the moment in a bid to rescue his father who had been attacked by the deceased who had already cut him on the left hand. According to Mr. Bigogo, the accused used reasonable force to disarm the deceased and save his father. The accused was ready to reconcile with his family members and pleaded for a non-custodial sentence.
The Probation Officer’s pre-sentence and victim assessment impact report filed on 23rd September 2015 stated that the accused was a first offender who was remorseful for his actions and was willing to reconcile with his family members. The report was also categorical that the accused’s family had forgiven him and were ready to accept him back as he posed no security threat to them. The report also showed that there were no hostilities between the accused’s family and the family of the deceased.
I have taken into account the circumstances surrounding the offence and the fact that the accused acted the way he did in bid to save the life of his father. I note that the offence was precipitated by the actions of the deceased who chose to attack the accused’s father in his own house. I also note that the 2 year period that the accused has been in custody is adequate punishment and lesson to him to keep away from crime.
Accordingly, I hereby sentence the accused person herein JOSEPH MAINA MATUNDURA to one (1) year non-custodial sentence during which he will be supervised by the Probation Officer of his area.
It is so ordered.
Signed, Datedand Delivered in open court this 26th day of October, 2015.
HON. W. A. OKWANY
JUDGE
In the Presence of:
Mr. Boiyon for State
Mr. Bigogo for Accused
Omuga: court clerk