[2018] KEHC 6886 (KLR)
The court found that although the accused was convicted of manslaughter, several mitigating factors were present: he was a first offender, young, married with two school-going children, unemployed, and the sole breadwinner. The deceased was the initial aggressor, having slapped the accused, but the accused responded...
Source-derived case information.
- Citation
- [2018] KEHC 6886 (KLR)
- Parties
- Respondent: Republic; Defendant: Lerionka Koirrag
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 8 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to nine years imprisonment for manslaughter
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation and Aggravation, Self Defence, First Offender Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Lerionka Koirrag
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for a first offender convicted of manslaughter under section 205 of the Penal Code?
- 2 Do the mitigating factors outweigh the aggravating factors in this case?
- 3 Was excessive force used in self-defence by the accused?
Ratio Decidendi
The court found that although the accused was convicted of manslaughter, several mitigating factors were present: he was a first offender, young, married with two school-going children, unemployed, and the sole breadwinner. The deceased was the initial aggressor, having slapped the accused, but the accused responded with excessive force by striking the deceased three times with a rungu, resulting in death by peritonitis. After weighing the mitigating and aggravating factors, the court determined that the mitigating factors outweighed the aggravating ones. Consequently, the court exercised its discretion under section 205 of the Penal Code to impose a custodial sentence of nine years...
Court Disposition
accused sentenced to nine years imprisonment for manslaughter
Orders
- The accused is sentenced to nine years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAROK
CRIMINAL CASE NO. 8 OF 2017
REPUBLIC..................................RESPONDENT
VERSUS
LERIONKA KOIRRAG....................ACCUSED
SENTENCE
1. The accused has been convicted of manslaughter whose prescribed sentence is life imprisonment in terms of section205 of the Penal Code [Cap. 63] Laws of Kenya.
2. The prosecution stated that the accused may be treated as a first offender. He urged the court to take into account the age of the deceased who was 38 years old and the nature of the injuries inflicted on the deceased.
3. Counsel for the accused in mitigation urged the court to be lenient in sentencing the accused. He submitted that the accused was 38 years old. He also submitted that the accused is married with two children aged 7 and 4 years old. The two children are attending school. He further submitted that the accused is the sole bread winner and is unemployed. Finally, counsel told the court that the accused has now stopped drinking and promises to be of good behaviour. She has therefore urged the court to impose a non-custodial sentence.
4. I find that the accused is a first offender. I also find that he is a 28 years old person who is married with 2 school going young children. The deceased was the aggressor.
5. Furthermore, I find that he is unemployed and is the sole bread winner of the family. All these are mitigating factors.
6. The aggravating factors include the fact that the accused caused the death of the 38 years old deceased person. The deceased died due to peritonitis, following the attack by the accused person, who struck the deceased three times using his rungu. The accused used excessive force in defending himself.
7. It is to be recalled that the deceased is the one who first slapped the accused. In response the accused retaliated by striking the deceased three times using his rungu.
8. After taking into account all the above factors, I find that the mitigating factors outweigh the aggravating factors. I therefore sentence the accused to nine years imprisonment.
Judgement delivered in open court this 11th day of April 2018 in the presence of Mr. Mukofu for the state and Mr. Kiptoo holding brief for Mr. Mongeri.
J. M. Bwonwonga
Judge
11/4/2018