[2021] KEHC 4598 (KLR)
The court found that the accused's remorse, willingness to compensate the deceased's family, the family's readiness for reconciliation under Samburu customs, and the community's acceptance justified leniency. The court also considered the accused's age, the nearly five years already spent in custody, and the objects...
Source-derived case information.
- Citation
- [2021] KEHC 4598 (KLR)
- Parties
- Applicant: Republic; Defendant: Karumba Longonyek
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 61 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused committed to probation for two years under supervision.
- Judges
- CA Otieno
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Policy, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Karumba Longonyek
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the court should consider traditional dispute resolution and reconciliation in sentencing.
- 3 Whether the period already spent in custody and the accused's remorsefulness warrant leniency.
Ratio Decidendi
The court found that the accused's remorse, willingness to compensate the deceased's family, the family's readiness for reconciliation under Samburu customs, and the community's acceptance justified leniency. The court also considered the accused's age, the nearly five years already spent in custody, and the objects of criminal justice, including reform and reintegration. The court determined that a non-custodial sentence was appropriate and committed the accused to a probation order for two years under supervision.
Court Disposition
Accused committed to probation for two years under supervision.
Orders
- The accused shall serve a period of two years on probation under the supervision of the Probation Officer, Samburu County.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 61 OF 2016
REPUBLIC ................................................PROSECUTOR
VERSUS
KARUMBA LONGONYEK..........................ACCUSED
SENTENCE
1. Pursuant to the plea agreement dated the 2/6/2021 and filed in court on the 08/6/2021 the charge of murder was commutated to that of manslaughter to which the accused pleaded guilty and was thus convicted on own plea of guilty on the 8/6/2021.
2. For purposes of sentencing the court called for a probation officer’s report which was then filed on the 19/07/2021. In that report the probation officer says that other than being remorseful for the offence, the accused is prepared to offer compensation to the family of the deceased who are equally amenable to such compensation under the Samburu traditional dispute resolution. The family of the deceased is said to have healed and is ready for reconciliation according to customs.
3. The community is ready to accept the accused into the community and to help him integrate and be available for a young but large family of two wives and ten children. Even the local administration approves of him being given a chance to re-integrate back to the community. On the basis of the interviews conducted upon diverse members of the accused’s community and who are critical for his safety and integration, the report recommends a non-custodial sentence.
4. The counsel for the accused equally offered submissions urging for a non -custodial sentence while emphasizing the age of the accused at 64 years and that he is remorseful for the act leading to the offence which he blamed an intoxication.
5. The prosecution however resisted the accused being given a non -custodial sentence while stressing that the deceased only fault was to go assisting the lady who was in an altercation with the accused.
6. I have taken the report by the probation officer as well as submissions of the counsel into consideration. I have equally taken account of the fact that the accused opted to plea bargain thus saving judicial time with the additional fact that he has been in custody for a period of almost five years.
7. In meting out a sentence the court has taken into account the objects of criminal justice and the sentence policy imperative that the need to reform and reintegrate the accused into society be promoted. I have, as said before, given regard to the fact that the two families are considering reconciliation under the local customs and traditions. That is also dictated by the supreme law to be promoted and encouraged.
8. Having so proceeded, I do find that the accused deserve leniency from the court and therefore I do commit him to probation order. He shall serve a period of 2 years and be under supervision of the Probation officer Samburu County for the entire period.
DATED, SIGNED AND DELIVERED AT MERU THIS 23RD DAY OF JULY, 2021
PATRICK J.O OTIENO
JUDGE