[2019] KEHC 5079 (KLR)
The court found that the accused, having pleaded guilty to manslaughter after a plea bargain, had already spent over four years in custody. The pre-sentence report was favourable, indicating positive community and family views and a likelihood of successful rehabilitation. The court considered the absence of the...
Source-derived case information.
- Citation
- [2019] KEHC 5079 (KLR)
- Parties
- Applicant: Republic; Defendant: Kipili Katana Kyengo
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 170 of 2017
- Procedural Posture
- Criminal Law / Sentencing Ruling
- Outcome
- accused placed on probation for three years
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Probation, Mitigation, Alcohol Abuse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
Kipili Katana Kyengo
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the pre-sentence report and mitigation in determining the appropriate sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter after a plea bargain, had already spent over four years in custody. The pre-sentence report was favourable, indicating positive community and family views and a likelihood of successful rehabilitation. The court considered the absence of the deceased's parents, the accused's history of alcohol abuse, and the need for counselling and guidance. In light of these factors, the court determined that a non-custodial sentence of probation for three years was appropriate to facilitate the accused's reintegration and rehabilitation, rather than further incarceration.
Court Disposition
accused placed on probation for three years
Orders
- The accused is placed on probation for three years for counselling and guidance.
- The conditions of probation are fully explained to the accused.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCRC NO. 170 OF 2017
FORMERLY MACHAKOS HCCRC NO. 18 OF 2015
REPUBLIC............................PROSECUTION
-VERSUS-
KIPILI KATANA KYENGO.........ACCUSED
RULING ON SENTENCING
1. Kipili Katana Kyengo was charged with the offence of murder contrary to Section 203 as read with Section 204 Penal Code.
2. After a plea bargain was agreed on, the charge was reduced to manslaughter contrary to Section 202 as read with Section 205 Penal Code. He pleaded guilty and was convicted on the same. The deceased was one Aseka Maina Khainga.
3. After hearing his mitigation, the court called for a pre-sentence report which was filed on 30/7/2019. The accused and deceased were employees of one Jeremiah Kitungele. When the incident occurred both were operating under the influence of drink.
4. The social inquiry report shows that the community and family speak well of the accused. The report by the county probation officer is therefore favourable.
5. I note that the accused was first arraigned in court on 11/3/2015. He has been behind bars for four (4) years five (5) months. He has picked lessons here and there from his stay at the prison.
6. Since his report is favourable, I find it reasonable to give him an opportunity to be reconciled with his family and the community. The parents of the deceased are both deceased. The accused has been known to abuse alcohol and this court warns him against that habit.
7. The accused is hereby placed on probation for three (3) years for counselling and guidance. The condition to this kind of sentence is fully explained to the accused.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 6TH DAY OF AUGUST 2019, IN OPEN COURT AT MAKUENI.
............................
H. I. ONG’UDI
JUDGE