[2017] KEHC 2132 (KLR)
The court found that the accused, having pleaded guilty to manslaughter, demonstrated genuine remorse and had made efforts to reconcile with the deceased's family. The deceased's provocative conduct and the emotional context of the incident were significant mitigating factors. The probation officer's report...
Source-derived case information.
- Citation
- [2017] KEHC 2132 (KLR)
- Parties
- Applicant: Republic; Defendant: K T; Defendant: G K
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 107 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused persons sentenced to non-custodial probation.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Provocation, Mitigation, Probation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
K T
Defendant
G K
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to a custodial or non-custodial sentence for the offence of manslaughter.
- 2 Whether provocation and remorse are sufficient mitigating factors to warrant a non-custodial sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter, demonstrated genuine remorse and had made efforts to reconcile with the deceased's family. The deceased's provocative conduct and the emotional context of the incident were significant mitigating factors. The probation officer's report recommended a non-custodial sentence, and the court noted the accused's advanced and youthful ages, as well as the period already spent in custody. Balancing these factors, the court determined that a non-custodial sentence of probation was appropriate, as further incarceration would not serve the interests of justice given the circumstances and the accused's demonstrated remorse.
Court Disposition
Accused persons sentenced to non-custodial probation.
Orders
- Each accused to serve 2 years probation under supervision of the area probation officer.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.107 OF 2014
REPUBLIC …………………………………..PROSECUTOR
VERSUS
K T……………………………………………..1ST ACCUSED
G K…………..…………………….…………..2ND ACCUSED
SENTENCE
1. The accused persons herein K T and G K were initially charged with the offence of Murder contrary to Section 203 as read with section 204 of the Penal Code. By a plea bargain agreement entered into between the accused and the state, the said charge of murder was reduced a lesser charge of manslaughter.
2. The particulars of the offence were that on 18th August 2014, within Narok County unlawfully caused the death of R K S.
3. The accused pleaded guilty to the charge of manslaughter and were consequently convicted on their own plea of guilty. The facts of the case were that the 1st and 2nd accused were father and son respectively while the deceased was their son-in-law and brother in law having been married to the 1st accused’s daughter. It was stated that on 18th August 2014, the deceased visited the home of the 1st accused ostensibly to attend a reconciliation meeting between deceased and his wife following a marital dispute. Even though the meeting was attended by many village elders, the reconciliation did not take place as the deceased not only refused to take back his estranged wife but also made some explicit derogatory remarks against the 1st accused.
4. The conduct of the deceased incensed the accused persons who descended on the deceased and beat him with rungus. The deceased sustained injuries as of result of the beating and was rushed to hospital where he succumbed to the said injuries.
5. In mitigation, Mr. Okemwa learned counsel for the accused submitted that they were remorseful for the offence and had pending the determination of this case, made efforts to apologize and reconcile with the family of the deceased with whom they still maintained cordial relations. Mr. Okemwa prayed for a non-custodial sentence for the accused while arguing that it was the deceased who precipitated the assault by provoking the accused while using insulting/foul language against them.
6. I have considered the probation officer’s report filed in court on 25th September 2017 in which a recommendation for a non-custodial sentence has been made for both accused persons. The probation officer noted that the accused persons are remorseful and were provoked to do what they did by the deceased’s violent action attacks. It is clear to me that the emotional nature of the meeting that the deceased had with his in-laws followed by the bitter exchange of words culminated in the unfortunate death of the deceased. It is noteworthy and unfortunate that what began as a reconciliation meeting quickly degenerated into a physical confrontation with fatal consequences.
7. I also note that the accused made efforts to take the deceased to hospital when they realized that he had been injured but unfortunately, the deceased succumbed to the injuries about 3 weeks later. I further note that the accused persons, who are father and son respectively, were aged 68 and 17 years respectively as at the time that the offence was committed. They stayed in custody for several months before they were released on bond pending the hearing of their case.
8. Taking into account all the relevant factors surrounding this case, I am of the considered view that a non-custodial sentence would be appropriate in this case. I am certain that the period that the accused stayed in custody served as a good lesson to them to keep off crimes not to mention the psychological torture that they will still have to endure following the death of the deceased.
9. Consequently, I order that the accused will each serve 2 years probation during which period they will be supervised by the probation officer of their area.
Dated, signed and delivered in open court this 14th day of November, 2017
HON. W. OKWANY
JUDGE
In the presence of:
- Mr. Otieno for the State
- N/A Okemwa for Accused
- Mr. Omwoyo: court clerk