[2015] KEHC 2471 (KLR)
The court considered the mitigating factors presented by the defence, including the accused's advanced age, status as a first offender, remorse, the circumstances of the offence (both parties were intoxicated and the deceased was the initial aggressor), and the two years already spent in custody. The court exercised...
Source-derived case information.
- Citation
- [2015] KEHC 2471 (KLR)
- Parties
- Applicant: Republic; Defendant: Kinati Kibogi
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 79 of 2012
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to eight years imprisonment for manslaughter, sentence to run from date of first arraignment
- Judges
- A Mshila
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kinati Kibogi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter and the appropriate sentence in light of mitigating factors.
Ratio Decidendi
The court considered the mitigating factors presented by the defence, including the accused's advanced age, status as a first offender, remorse, the circumstances of the offence (both parties were intoxicated and the deceased was the initial aggressor), and the two years already spent in custody. The court exercised its discretion under the Penal Code to impose a custodial sentence of eight years for manslaughter, ordering that the sentence run from the date of first arraignment. The sentence reflects a balance between the seriousness of the offence and the mitigating circumstances.
Court Disposition
accused sentenced to eight years imprisonment for manslaughter, sentence to run from date of first arraignment
Orders
- The accused is sentenced to eight (8) years imprisonment for manslaughter.
- The sentence shall commence from the date the accused was first arraigned in court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CRIMINAL CASE NO.79 OF 2012
REPUBLIC................................................................................PROSECUTOR
VERSUS
KINATI KIBOGI...............................................................................ACCUSED
RULING ON SENTENCE
KINATI KIBOGI was charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code Chapter 63 Laws of Kenya.
The Accused was tried and was convicted on a lesser offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
In mitigation, counsel for the Accused stated that both the Accused and Deceased were drunk on the material date and it was the Deceased who first attacked the Accused.
The Accused be treated as a first offender and is remorseful for the unlawful act that led to the loss of his friend.
He pleads for leniency as he is of advanced age and a widower having lost his wife during the 2007 Post Election Violence (P.E.V.).
The Accused had also been in custody for a period of two (2) years.
The offence of manslaughter is a felony and carries a zero to life sentence but taking into consideration the above mentioned mitigating factors, particularly the age of the Accused and the period spent in custody, I hereby sentence the Accused to a term of Eight (8) years imprisonment.
The term shall commence from the date the Accused was first arraigned in court.
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 5th day of June, 2015.
A. MSHILA
JUDGE