[2020] KEHC 8842 (KLR)
The court found that the accused persons, having pleaded guilty to manslaughter through a plea bargain and being close relatives of the deceased, had already suffered significant emotional punishment. The pre-sentencing report recommended a non-custodial sentence to facilitate rehabilitation and reintegration. The...
Source-derived case information.
- Citation
- [2020] KEHC 8842 (KLR)
- Parties
- Applicant: Republic; Defendant: Judy Aoko Othwele; Defendant: Dianah Adhiambo Onyango
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Both accused persons sentenced to three years probation.
- Judges
- J Wakiaga
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Judy Aoko Othwele
Defendant
Dianah Adhiambo Onyango
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should receive a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence considering the relationship between the accused and the deceased.
Ratio Decidendi
The court found that the accused persons, having pleaded guilty to manslaughter through a plea bargain and being close relatives of the deceased, had already suffered significant emotional punishment. The pre-sentencing report recommended a non-custodial sentence to facilitate rehabilitation and reintegration. The court determined that a probation sentence would serve the objectives of sentencing, particularly rehabilitation, and would be sufficient given the circumstances of the case.
Court Disposition
Both accused persons sentenced to three years probation.
Orders
- Both accused persons are sentenced to a probation period of three years during which they shall be rehabilitated and counseled.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL DIVISION
HIGH COURT CRIMINAL CASE NO. 3 OF 2019
REPUBLIC.......................................................................................PROSECUTOR
VERSUS
JUDY AOKO OTHWELE...............................................................1ST ACCUSED
DIANAH ADHIAMBO ONYANGO...............................................2ND ACCUSED
SENTENCE
The convicts were initially charged with the murder of the deceased who was a son of the 1st accused and a brother of the 2nd accused.
The charges were then through plea bargaining agreement reduced to manslaughter to which they pleaded guilty and were duly convicted.
I called for pre-sentencing report on both accused persons which has recommended for a non-custodial sentence for purposes of rehabilitation, reintegration and resettlement.
The fact that the accused persons were responsible for the death of their close kin, a fact which they will live with for the rest of their lives is punitive enough. One of the objectives of sentencing is rehabilitation to enable the offender reform from criminal disposition which I am of the considered view will be achieved herein.
I therefore sentence both accused persons to a probation period of three (3) years during which they shall be rehabilitated and counseled to enable them be good citizens of the Republic of Kenya and it is ordered.
Dated, Signed and Delivered at Nairobi this 21st day of January, 2020.
.........................
J. WAKIAGA
JUDGE
In the presence
Mr. Okeyo for the state
Mr. Njuguna for the accused persons
Karwitha court clerk
Both accused persons present