[2019] KEHC 4004 (KLR)
The court found that the accused, having pleaded guilty to manslaughter, shown remorse, behaved well in custody, and spent approximately seven years in remand, had learned his lesson. The social inquiry report indicated community acceptance and ongoing reconciliation between the affected families. Considering these...
Source-derived case information.
- Citation
- [2019] KEHC 4004 (KLR)
- Parties
- Applicant: Republic; Defendant: Kyalo Nzyuko
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 152 of 2017
- Procedural Posture
- Criminal Law / Sentencing Ruling After Plea Bargain and Conviction
- Outcome
- Accused discharged under Section 35(1) Penal Code on condition of good conduct for twelve months.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Mitigation, Custodial Sentence, Good Conduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kyalo Nzyuko
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling After Plea Bargain and Conviction
Legal Issues
- 1 Whether the accused should be sentenced to further imprisonment or discharged under Section 35(1) of the Penal Code.
- 2 What weight should be given to the period already spent in custody and the accused's conduct.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter, shown remorse, behaved well in custody, and spent approximately seven years in remand, had learned his lesson. The social inquiry report indicated community acceptance and ongoing reconciliation between the affected families. Considering these factors, the court determined that a custodial sentence was unnecessary and that the accused should be discharged under Section 35(1) of the Penal Code, conditional upon good conduct for twelve months.
Court Disposition
Accused discharged under Section 35(1) Penal Code on condition of good conduct for twelve months.
Orders
- The accused is discharged under Section 35(1) Penal Code on condition that he remains of good conduct for twelve months.
- The condition of good conduct is 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
HCCR NO. 152 OF 2017
FORMERLY MACHAKOS HCCR. NO. 38 OF 2012
REPUBLIC............PROSECUTION
-VERSUS-
KYALO NZYUKO.........ACCUSED
RULING ON SENTENCE
1. Kyalo Nzyuko the accused, was charged with the offence of murder contrary to Section 203 as read with Section 204 Penal Code. After a plea bargain agreement, the charge was reduced to manslaughter contrary to Section 202 as read with Section 205 Penal Code. The particulars were that on the night of 30th and 31st October, 2012 at Miaani village, Kalamba location in Nzaui district within Makueni county caused the death of Kyuvi Kiamba.
2. He pleaded guilty and was convicted. From the facts it was revealed that the accused and deceased were very good friends and relatives to the extent that even the accused’s father could identify the deceased by his voice. It has also been shown that both the accused and deceased were drunk on the material night.
3. The social inquiry report filed herein on 26th September, 2019 is a detailed one. The community and the administration indicate that the accused lived well among them and they are willing to have him back. The two affected families are working on a reconciliation formula.
4. The accused has shown remorse, and has behaved well during his stay in prison. He was first arraigned in court on 8th November, 2012 at Machakos High court. He has been in custody since then which is roughly seven (7) years.
5. Having considered the facts of this case, the circumstances under which the offence was committed, the social inquiry report and the period the accused has been in prison, I find that he has learnt good lessons. He should be able to adjust back into family and community with their support.
6. I therefore discharge him under Section 35(1) Penal Code on condition that he remains of good conduct for twelve (12) months. This condition is well explained to him.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 27TH DAY OF SEPTEMBER 2019, IN OPEN COURT AT MAKUENI.
……………………………….
H. I. ONG’UDI
JUDGE