[2017] KEHC 1720 (KLR)
The court considered the mitigating factors presented on behalf of the accused, including his status as a first offender, his remorse, his age, and his family responsibilities. However, the court found that the circumstances of the offence—specifically, the use of a knife to stab the deceased and the accused's...
Source-derived case information.
- Citation
- [2017] KEHC 1720 (KLR)
- Parties
- Applicant: Republic; Defendant: Justus Mutinda Mwange
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2016
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to eight years imprisonment from date of arraignment
- Judges
- AM Cockar
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, First Offender, Penal Code Section 202, Penal Code Section 205
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Justus Mutinda Mwange
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating and aggravating factors should influence the sentence imposed.
Ratio Decidendi
The court considered the mitigating factors presented on behalf of the accused, including his status as a first offender, his remorse, his age, and his family responsibilities. However, the court found that the circumstances of the offence—specifically, the use of a knife to stab the deceased and the accused's failure to seek medical help for the victim—demonstrated a level of callousness that outweighed the mitigating factors. As a result, the court determined that a non-custodial sentence was not appropriate and imposed a custodial sentence of eight years' imprisonment, commencing from the date the accused was first arraigned in court.
Court Disposition
accused sentenced to eight years imprisonment from date of arraignment
Orders
- The accused is sentenced to eight years imprisonment from the date he was arraigned in court.
- The accused has a right of appeal against conviction and sentence within 14 days.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT CRIMINAL CASE NO. 8 OF 2016
REPUBLIC …………………………………..…….………PROSECUTOR
VERSUS
JUSTUS MUTINDA MWANGE ………....…….…….…………ACCUSED
RULING ON SENTENCE
1. The accused was convicted of manslaughter contrary to section 202 of the Penal Code. Under Section 205 of the Penal Code, a person convicted of manslaughter is liable to imprisonment for life.
2. I have considered that the accused was arraigned in court on 28th January 2016 and has remained in custody during the pendency of his trial for a period of one year and 3 months.
3. The State did not have the records of the accused and so treated him as a first offender which I have considered.
4. I have considered the mitigation given by Mr. Anambo on behalf of the accused counsel. Counsel has urged that the accused was remorseful for the offence; had only one child, a daughter, was 36 years old therefore young. He urged that accused aged parents depended on him. He also has siblings who depend on him. Counsel sought a non-custodial sentence.
5. I have considered all these factors together with the circumstances of the case. The accused used a knife to flash it at the deceased before stabbing her on the leg. The deceased died of excessive bleeding. The accused did not make any effort to take the deceased to hospital portraying a level of callousness. In the circumstances, I find that he does not deserve a non-custodial sentence.
6. I will sentence the accused to eight years imprisonment from date he was arraigned in court.
7. He has a right of appeal against conviction and sentence within 14 days.
DATED AT NAIROBI THIS 3RD DAY OF MAY, 2017.
LESIIT, J
JUDGE