[2017] KEHC 1312 (KLR)
The court considered the accused's guilty plea to the lesser offence of manslaughter and his status as a first offender as mitigating factors. However, the court also weighed the gravity of the offence, noting that an innocent man was killed without justification. Balancing these factors, the court determined that a...
Source-derived case information.
- Citation
- [2017] KEHC 1312 (KLR)
- Parties
- Respondent: Republic; Defendant: Loripo Lomwatum
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2017
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- convicted and sentenced
- Judges
- AM Githinji
- Legal Topics
- Manslaughter, Plea of Guilty, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Loripo Lomwatum
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence for a first offender who has pleaded guilty to manslaughter.
Ratio Decidendi
The court considered the accused's guilty plea to the lesser offence of manslaughter and his status as a first offender as mitigating factors. However, the court also weighed the gravity of the offence, noting that an innocent man was killed without justification. Balancing these factors, the court determined that a non-custodial sentence would not be appropriate given the seriousness of the crime. Consequently, the court imposed a custodial sentence of six years' imprisonment to reflect both the need for punishment and the mitigating circumstances.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to six (6) years imprisonment for the offence of manslaughter.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAPENGURIA
CRIMINAL CASE NUMBER 3 OF 2017
REPUBLIC...........................................PROSECUTION
VERSUS
LORIPO LOMWATUM.................................ACCUSED
JUDGMENT
I have considered that the convict has pleaded guilty to a lesser offence of manslaughter, he is a first offender and what has been aired as mitigation by his Advocate. I have also weighed that an innocent man was killed in commission of this offence, for no good reason. The convict needs to suffer or pay for it.
In my view, given the circumstances he does not deserve a non-custodial sentence. I find it appropriate that he suffers six (6) years imprisonment for the offence. He will serve the said sentence. Right of appeal 14 days.
S. M. GITHINJI
JUDGE
19. 12. 2017