[2019] KEHC 5887 (KLR)
The court found that both accused persons were first offenders, had already spent over three years in custody, and that there was full reconciliation between the families of the deceased and the accused, including the performance of customary rites. The pre-sentencing reports indicated that both accused were...
Source-derived case information.
- Citation
- [2019] KEHC 5887 (KLR)
- Parties
- Applicant: Republic; Defendant: Joshua Mutunga Katuthi; Defendant: Philip Mutua Muthui
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 91 of 2017
- Procedural Posture
- Criminal Law / Sentencing Ruling
- Outcome
- Both accused sentenced to three years probation.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Probation, First Offender, Customary Reconciliation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joshua Mutunga Katuthi
Defendant
Philip Mutua Muthui
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling
Legal Issues
- 1 Whether the accused persons should be sentenced to imprisonment or probation after conviction for manslaughter.
- 2 Whether reconciliation between the families and the accused's conduct should influence sentencing.
Ratio Decidendi
The court found that both accused persons were first offenders, had already spent over three years in custody, and that there was full reconciliation between the families of the deceased and the accused, including the performance of customary rites. The pre-sentencing reports indicated that both accused were accepted by their communities and posed no risk. In light of these factors, and considering the principles of restorative justice and rehabilitation, the court determined that a custodial sentence was unnecessary and that a probation sentence would serve the interests of justice.
Court Disposition
Both accused sentenced to three years probation.
Orders
- Each accused to serve three years on probation.
- Both accused to report to the Kibwezi East Sub-County Probation Officer.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 91 OF 2017
REPUBLIC....................................................PROSECUTOR
-VERSUS-
JOSHUA MUTUNGA KATUTHI...............1ST ACCUSED
PHILIP MUTUA MUTHUI.........................2ND ACCUSED
(Formerly Machakos High Court Criminal Case No. 22 of 2016)
RULING ON SENTENCE
1. Joshua Mutunga Katuthiand Philip Mutua Muthuireferred to as Accused 1 & Accused 2 were jointly charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. The charge was later reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after a plea bargain agreement was reached.
2. Upon conviction 1st and 2nd accused mitigated through their Advocate and thereafter pre sentencing reports were called for by this court. The same were filed by the County Probation Officer.
3. From the reports filed it has been shown that the families of both the deceased and accused persons have reconciled and the necessary Kamba customary rights undertaken. There is no animosity from either family and/or the communities they come from.
Those interviewed indicated that the behavior of accused 1 and accused 2 is acceptable to other members of the community.
4. I have considered that both of them are first offenders and they were first arraigned in court on 3rd May 2016. They have therefore been in prison custody for slightly over three (3) years.
5. I therefore sentence each of them to serve three (3) years on probation. Arrangements to be made for both to report to the Kibwezi East Sub-County Probation Officer. The terms and conditions of a probation sentence are fully explained to both accused persons.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 12TH DAY OF JULY, 2019 AT MAKUENI IN OPEN COURT.
.......................................
HON. H. I. ONG’UDI
JUDGE