[2016] KEHC 1328 (KLR)
The court found that the accused persons, having pleaded guilty to manslaughter under a plea bargain, were entitled to a sentence that reflected both the seriousness of the offence and the mitigating circumstances. The court emphasized the role of intoxication in the commission of the offence, the remorse shown, and...
Source-derived case information.
- Citation
- [2016] KEHC 1328 (KLR)
- Parties
- Applicant: Republic; Defendant: Joel Maeba Onsati; Defendant: Charles Makori Ontonyi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 29 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Both accused convicted of manslaughter on their own plea of guilty and sentenced to two years probation.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Drunkenness, Probation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Joel Maeba Onsati
Defendant
Charles Makori Ontonyi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons were guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence for the accused persons given the circumstances of the offence and mitigation presented.
Ratio Decidendi
The court found that the accused persons, having pleaded guilty to manslaughter under a plea bargain, were entitled to a sentence that reflected both the seriousness of the offence and the mitigating circumstances. The court emphasized the role of intoxication in the commission of the offence, the remorse shown, and the significant period already spent in custody. The judge concluded that a non-custodial sentence was appropriate, as the accused had demonstrated rehabilitation and learned from their actions. Accordingly, both accused were sentenced to two years' probation under supervision, rather than further imprisonment.
Court Disposition
Both accused convicted of manslaughter on their own plea of guilty and sentenced to two years probation.
Orders
- Both Joel Maeba Onsati and Charles Makori Ontonyi are sentenced to two years probation under supervision of the probation officer of their area.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 29 OF 2014.
REPUBLIC................................................................................PROSECUTOR
VERSUS
JOVENSIA GECHEMBA RATEMO .........................................1ST ACCUSED
JOEL MAEBA ONSATI............................................................2ND ACCUSED
GEORGE NYAKUNDI alias GUTO...........................................3RD ACCUSED
CHARLES MAKORI ONTONYI................................................4TH ACCUSED
SENTENCE
1. JOEL MAEBA ONSATI and CHARLES MAKORI ONTONYIwere charged with the offence of murder which was, by a plea bargain agreement executed on 7th November 2016, between the state and the accused reduced to a lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The particulars of the offence were that on the night of 17th and 18th February 2014, at unknown time at Bonyangatanyi sub-location in Kisii Central District within Kisii County, jointly with others not before the court caused the death of WIDEN MAEBA NYAATA.
2. Both the accused persons pleaded guilty to the lesser charge of manslaughter and were subsequently convicted on their own plea of guilty.
3. The circumstances surrounding the case were that the accused persons and the deceased went on a drinking spree on the material night only for the body of the deceased to be found lying dead on the wayside and at the same spot, the 2nd accused herein Joel Maeba was deep asleep next to the body of the deceased.
4. A post mortem examination on the body of the deceased revealed that the cause of death was cardio-respiratory arrest secondary to asphyxia due to strangulation.
5. In mitigation, Mr. Sagwe advocate for the accused submitted that the offence occurred when the accused persons were in a drunken stupor and that while the 2nd accused was an elderly man aged 64 years, the 4th accused was a very young man aged 24 years. Mr. Sagwe pleaded for leniency on behalf of the accused persons.
6. The court called for the probation officer’s report before judgment which was however not filed as at the time of delivering this sentence.
7. I have considered the circumstances surrounding this case and the mitigation tendered by the accuseds’ advocate. It is very clear to me that the deceased and accused persons were totally drunk on the night of the offence to the extent that the 2nd accused was found fast asleep next to the deceased’s body. To my mind, the offence can be attributed to drunkenness and this case is a classic demonstration of the harmful and devastating effects of alcoholism in the society.
8. I note that the accused persons have been in custody since 201 and I am satisfied that they have sobered up during their long stay in remand custody and learnt a lesson on how to be law-abiding citizens. I am satisfied that a non-custodial sentence will be appropriate punishment for the accused persons.
9. Consequently, I sentence both accused JOEL MAEBA ONSATI and CHARLES MAKORI ONTONYI two years probation during which period they will be supervised by the probation officer of their area.
Delivered, dated and signed in at Kisii on 28th of November, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Mr. Otieno for the State
Mr. Kaburi for Sagwe for the Accused
Omwoyo court clerk