[2016] KEHC 58 (KLR)
The court found that the accused, having pleaded guilty to manslaughter through a plea bargain, was a first offender, had shown remorse, suffered from epilepsy and mild mental disturbance, and had been forgiven by both the victim's family and the community. The court also considered the probation report, which...
Source-derived case information.
- Citation
- [2016] KEHC 58 (KLR)
- Parties
- Respondent: Republic; Defendant: Kennedy Mongare Okari
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 43 of 2015
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to three years non-custodial sentence under probation supervision.
- Judges
- CB Nagillah
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Guidelines, Mitigation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Kennedy Mongare Okari
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for the offence of manslaughter.
- 2 What mitigating factors should influence the sentence imposed on the accused.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter through a plea bargain, was a first offender, had shown remorse, suffered from epilepsy and mild mental disturbance, and had been forgiven by both the victim's family and the community. The court also considered the probation report, which supported a non-custodial sentence. Given these mitigating factors and the absence of previous criminal records, the court determined that a non-custodial sentence, specifically three years under probation supervision, was appropriate to facilitate the accused's reintegration into society and promote peaceful coexistence.
Court Disposition
Accused sentenced to three years non-custodial sentence under probation supervision.
Orders
- The accused shall serve a non-custodial sentence of three years under the supervision of the Probation Officer of his area.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYAMIRA
HIGH COURT CRIMINAL CASE NO. 43 OF 2015
REPUBLIC...........................................................................STATE
-VERSUS-
KENNEDY MONGARE OKARI...................................ACCUSED
SENTENCING
The accused person, Kennedy Mongare Okari was initially charged with murder, contrary to Section 203 as read with Section 204 of the Penal Code. The particulars thereof were that on 30th day of March, 2013 at Kiamonyinga village Matongo Sub-location Nyamira North District within Nyamira County in the Republic of Kenya murdered EUGINE KJERI OGENDI.
However, through the legal process of plea bargaining and agreement, the accused person was able to plead a lesser offence of manslaughter on 11/11/2015.
He was found guilty and convicted on the said offence of manslaughter by this court on the said date i.e 11/11/2015.
Facts of the case were stated by the prosecution.
The prosecution does not have a previous criminal records.
Counsel for the accused mitigated for him as follows:
1. Accused is a first offender
2. He regrets the commission of the offence
3. He is related to the deceased
4. He is remorseful.
5. He urged the court to mete out a non-custodial sentence so that he joins his family and society at large.
The courts have called for probation report the same was filed and dated 24/07/2015.
The victim family have forgiven him. They want peaceful co existence. The say that the accused suffers from epilepsy accompanied by mild mental disturbance.
The family of the accused reiterated his mental disturbance which runs in their family, they have however, agreed to forgive him. The community at large is willing to forgive him also. The accused has been in remand for about two years.
Accordingly, this court will sentence the accused person to three years to non-custodial sentence to be supervised by the Probation Officer of his area.
It is so ordered.
Dated this 26th day of January, 2016.
C. B. NAGILLAH
JUDGE
In the presence of:
Nyamwange hold brief for Momanyi for accused
Konga for the State
Mercy Court Clerk.