[2020] KEHC 3170 (KLR)
The court found that the accused, having been convicted of manslaughter after the charge was reduced from murder, committed a grave offence by fatally assaulting the deceased in a public place, causing multiple fractures and a severe head injury. The court considered the accused's remorse, his family...
Source-derived case information.
- Citation
- [2020] KEHC 3170 (KLR)
- Parties
- Respondent: Republic; Defendant: Kioko Nzuvi Ng’onyo
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- 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
Respondent
Kioko Nzuvi Ng’onyo
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter and the appropriate sentence to impose.
- 2 Whether the period spent in custody and mitigating circumstances should affect the sentence.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter after the charge was reduced from murder, committed a grave offence by fatally assaulting the deceased in a public place, causing multiple fractures and a severe head injury. The court considered the accused's remorse, his family responsibilities, the negative aspects highlighted in the pre-sentencing report (notably his involvement in illicit alcohol brewing), and the fact that he had already spent two years in custody. Weighing these factors, the court determined that a custodial sentence was warranted to reflect the seriousness of the offence and to serve as a deterrent, but also took into account the period...
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to six (6) years imprisonment.
- Right of appeal explained.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 20 OF 2018
REPUBLIC............................................................................PROSECUTION
-VERSUS-
KIOKO NZUVI NG’ONYO..........................................................ACCUSED
RULING ON SENTENCE
1. Kioko Nzuvi Ng’onyothe accused was initially charged with murder contrary to section 203 as read with section 204 of the Penal Code. After a full hearing, the same was eventually reduced to manslaughter contrary to section 202 as read with section 205 of the Penal Code of which the accused was convicted.
2. From the mitigation by Mr. Hassan for Mr. Mathenge, the accused who is aged 45 years is remorseful for what he did and he has a family he takes care of.
3. The pre-sentencing report dated 21st July 2020 was filed on 23rd July 2020. The report shows that the accused is a known alcoholic brewer in the village. His wife also does the same and was released from prison in April 2020 after serving a three (3) year jail term.
4. This incident occurred at a market centre and inspite of the crowd present, the accused continued hitting the deceased, who suffered several fractures with a severe head injury.
5. The offence was committed on 22nd December 2012 and the accused disappeared. He was later arrested after several years for a different offence and arraigned in court on 10th September 2018. He has been in custody since then i.e. two (2) years.
6. I have taken into account all the circumstances of the case and his period in custody and the pre-sentencing report. I sentence him to six (6) years imprisonment.
Right of appeal explained.
Orders accordingly.
Delivered, signed & dated this 22nd day of September 2020, in open court at Makueni.
..........................
H. I. Ong’udi
Judge