[2015] KEHC 2942 (KLR)
The court found that the accused, a minor at the time of the offence, acted in defence of his father during a violent altercation initiated by the deceased. The facts established through the plea agreement supported a conviction for manslaughter rather than murder. The accused had no prior criminal record, was...
Source-derived case information.
- Citation
- [2015] KEHC 2942 (KLR)
- Parties
- Applicant: Republic; Defendant: M O
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter; sentenced to one year non-custodial sentence under probation supervision.
- Legal Topics
- Manslaughter, Plea Bargaining, Child Offender, Self Defence
- 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
M O
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter rather than murder.
- 2 Whether the accused acted in self-defence or defence of another.
- 3 Whether the accused's status as a child offender should affect sentencing.
Ratio Decidendi
The court found that the accused, a minor at the time of the offence, acted in defence of his father during a violent altercation initiated by the deceased. The facts established through the plea agreement supported a conviction for manslaughter rather than murder. The accused had no prior criminal record, was remorseful, and had been in custody since 2013. The probation officer's report confirmed the accused's positive character and lack of anti-social behaviour. Given these circumstances, including the accused's age and the accidental nature of the incident, the court determined that a non-custodial sentence under probation supervision was appropriate and proportionate.
Court Disposition
convicted of manslaughter; sentenced to one year non-custodial sentence under probation supervision.
Orders
- The accused is sentenced to one year non-custodial sentence under the supervision of probation officers.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 26 OF 2013
REPUBLIC……………………………………..……..PROSECUTOR
VERUSS
M O………………………………………………………….ACCUSED
SENTENCING
1. This is a case of manslaughter- through plea bargaining agreement, under S.137A of the Criminal Procedure Code entered into on 20th November, 2014. The accused was initially charged with murder contrary to Section 203 as read with 204 of the Penal Code. The particulars were that on the 7th day of March, 2013 at Bomanyama sublocation in Gucha south District within Kisii County, murdered O M O.
2. At 7. 30p.m. G K, S O O, T M R and P O, and the accused, while in their house ready to take supper, the deceased stormed in with a panga and threatened the father. The accused intervened to rescue his father. The deceased turned to the accused. He managed to take the panga and cut the deceased on the neck. He ran away with a panga into darkness. The deceased attempted to follow him but collapsed and succumbed to his injuries.
3. The accused has no previous criminal records and so he be treated as first offender.
4. Mr. H. Kaburi in mitigation says the accused is remorseful and regrets the incident which was accidental in nature. From the facts, the accused was defending his father that was under attack from his elder brother. He- the accused- had no intention to injure the deceased.
5. The other surviving brother has also since died, leaving the accused as the only surviving brother in the family with very aged parents. Since being in custody from 2013 in March, he is praying for compassion and for non-custodial sentence. He is 16 years old. He is a child offender but this was not noticed by the court. He prays for the court to consider non-custodial sentence.
6. Probation officer’s report.
This was file don 10th January, 2015. The accused is a child offender. He killed his brother in both defence of his father and self-defence. His deceased brother ran for a panga in order to hurt his brother who was stopping the deceased beating his elderly father. The accused restled a panga from the deceased and hit him with it. He succumbed to the injuries. He is survived along with an eldest brother who is unmarried but a habitual drunk. The father nays the accused is an organized person and has never been involved in anti-social activities, so did the local administration’s position that the accused has no bad record.
7. Accordingly, the accused- convict is hereby sentenced to one year non-custodial sentence under the supervision of the probation officers.
8. It is so ordered.
Dated and delivered at KISII this 20th day of March, 2015.
C.B. NAGILLAH,
JUDGE.
In the presence of:
Otieno for the state
Nyawencha for the accused
Edwin Mongare Court Clerk.