[2024] KEHC 11218 (KLR)
The court considered the accused's status as a first offender and his early guilty plea as mitigating factors. However, the fact that the offence was committed as part of a gang constituted an aggravating factor. The accused's age was not considered mitigating since he was an adult at the time of the offence....
Source-derived case information.
- Citation
- [2024] KEHC 11218 (KLR)
- Parties
- Applicant: Republic; Defendant: Brian Mate Liatuma
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E026 of 2023
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- The accused was sentenced to 10 years imprisonment for manslaughter, effective from 27/6/2023.
- Judges
- SC Chirchir
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, Mitigation, Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Brian Mate Liatuma
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating and aggravating factors should influence the sentence.
Ratio Decidendi
The court considered the accused's status as a first offender and his early guilty plea as mitigating factors. However, the fact that the offence was committed as part of a gang constituted an aggravating factor. The accused's age was not considered mitigating since he was an adult at the time of the offence. Balancing these factors, the court determined that a custodial sentence of 10 years was appropriate, with the sentence to run from the date of first arraignment.
Court Disposition
The accused was sentenced to 10 years imprisonment for manslaughter, effective from 27/6/2023.
Orders
- The accused is sentenced to 10 years imprisonment for manslaughter.
- The sentence shall take effect from 27/6/2023, the date of first arraignment.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Liatuma (Criminal Case E026 of 2023) [2024] KEHC 11218 (KLR) (26 September 2024) (Sentence)
Neutral citation: [2024] KEHC 11218 (KLR)
Republic of Kenya
In the High Court at Kakamega
Criminal Case E026 of 2023
SC Chirchir, J
September 26, 2024
Between
Republic
Prosecution
and
Brian Mate Liatuma
Accused
Sentence
1. The Accused herein, was initially charged with the offence of murder contrary to section 203 as read with section 204 of the penal code.
2. Pursuant to a plea bargain agreement, the offence was reduced to one of Manslaughter. The Accused pleaded guilty to the said charges and was convicted on his own plea.
3. In mitigation the Accused’s Advocate Ms. Auma sought for leniency while stating that the accused had just turned 18 years when he committed the offence; that he is a sole provider for the family. Counsel has also urged the court to consider the fact that the Accused opted for plea bargain. He prays for non- custodial sentence.
4. On the part of the state Ms. Osoro submits that the state has indulged the Accused by conceding to the plea bargain. She further urged the court to pass a sentence that is commensurate to the offence.
5. I have considered the above submissions alongside the social inquiry report dated 2/4/2024.
6. The court was not informed if the Accused has any previous criminal record, and in the circumstances I will treat him as a first offender. Being a first offender is a mitigating factor. The Accused also pleaded guilty at the earliest date possible. That again ,is a mitigating factor. The age of the accused is not a mitigating factor as the Accused was an adult at the time of the incident.
7. However part 4 of the Plea Bargain Agreement, containing the facts show that, the deceased was killed by a gang in which the Accused was part of. Committing an offence in a gang or group is an aggravating factor (Ref. Par 23. 7.6 of the Kenyan Judiciary Sentencing Policy Guidelines).
8. Taking all the aforegoing into consideration, I hereby sentence the accused to 10 years . The sentence will take effect from 27/6/2023, being the day that he was first arraigned in court.
9. Right of Appeal:- 14 days.
DATED, SIGNED AND DELIVERED AT KAKAMEGA THIS 26TH DAY OF SEPTEMBER , 2024S. ChirchirJudgeIn the presence of :Godwin Luyundi- court AssistantMs Osoro for DPPThe Accused.