[2023] KEHC 27123 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was a first offender, remorseful, and supported by his family and the deceased’s family for reintegration. The pre-sentence report recommended a non-custodial sentence, and the family had made arrangements for the accused...
Source-derived case information.
- Citation
- [2023] KEHC 27123 (KLR)
- Parties
- Applicant: Republic; Defendant: Douglas Namasaka Makokha
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E009 of 2023
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain
- Outcome
- accused sentenced to three years’ probation
- Judges
- REA Ougo
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Douglas Namasaka Makokha
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter after a plea bargain agreement.
- 2 What mitigating and aggravating factors should influence the sentence for the accused.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was a first offender, remorseful, and supported by his family and the deceased’s family for reintegration. The pre-sentence report recommended a non-custodial sentence, and the family had made arrangements for the accused to settle elsewhere in accordance with custom. There was no evidence of prior sibling rivalry or malice. The court was persuaded that a non-custodial sentence was appropriate, balancing the interests of justice, rehabilitation, and the wishes of the family. Accordingly, the accused was sentenced to three years’ probation.
Court Disposition
accused sentenced to three years’ probation
Orders
- The accused Douglas Namasaka Makokha is sentenced to three (3) years’ probation.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Makokha (Criminal Case E009 of 2023) [2023] KEHC 27123 (KLR) (11 December 2023) (Ruling)
Neutral citation: [2023] KEHC 27123 (KLR)
Republic of Kenya
In the High Court at Bungoma
Criminal Case E009 of 2023
REA Ougo, J
December 11, 2023
Between
Republic
Prosecutor
and
Douglas Namasaka Makokha
Accused
Ruling
1. Douglas Namasaka Makokha was charged with the murder of Saul Muhuyi Makokha. On the 15th of November 2023 the accused pleaded guilty to charge of Manslaughter after a plea bargain agreement.
2. The facts are that the accused and deceased are brothers. The deceased had bought some items and left them in the accused’s house. On 21. 3.2023 the deceased went to the mother’s house complaining that the accused had refused his items, which were a T.V décor set and shaving machine. As the deceased was in the mother’s house the accused followed him and tried to explain that he needed time to return the items but the deceased was adamant that he wanted the items. A quarrel ensued and the accused left his mother’s house and went to his house. The deceased followed him and they started to fight at the door. Their mother ran to the neighbours to get help to separate her sons. On going back, she saw the accused stab the deceased with a kitchen knife. The mother and neighbour disarmed the accused. The deceased was rushed to Lugulu Hospital but died as a result of the stab wound. The accused was arrested taken to Sinoka police post and was later charged with the offence of murder which was substituted with manslaughter as a plea bargain agreement.
3. The accused admitted the facts and was convicted on his plea of guilty.
4. The prosecution stated the accused is first offender. I sought s pre-sentence report on the accused thereafter.
5. The pre-sentence reports indicate that he is 25 years old. The deceased was his brother. He is married and has 2 daughters. His wife pleads for leniency. The accused is remorseful pleads for leniency and seeks a non-custodial sentence. He promises to take care of his deceased brother’s family. His mother too seeks that he be given a non-custodial sentence. The family is ready to settle away from home. The report recommends a non-custodial sentence of three (3) years’ probation.
6. Mr. Okaka for the accused stated as follows in mitigation; the accused is first offender, he is the sole breadwinner of his family. He is very remorseful and has been in custody for some time. The probation report is favourable. Reliance was made in the case of Philip Muthiani Kathiwa 2015 eKLR where the circumstances were similar to the ones in this matter and the court placed the accused on probation. That the family is willing to have him back and has planned on where he will stay. That the court should grant him a chance and give him a non-custodial sentence.
7. I have considered the pre-sentence report, the accused’s mitigation, and the circumstances that led to the death of the deceased together with the guidelines on sentencing. Unfortunately, a fight with his brother resulted in his own brother's death. I note that they had no sibling rivalry. The accused’s family is willing to accept him back and has planned to have him settle elsewhere as per customs. I am persuaded that a non-custodial sentence is appropriate in this case. I therefore sentence the accused Douglas Namasaka Makokha to three (3) years’ probation.
DATED, SIGNED, AND DELIVERED AT BUNGOMA THIS 11TH DAY OF DECEMBER 2023. R.E. OUGOJUDGEIn the presence of:Douglas Namasaka Makokha/Accused- PresentMr. Okaka -For the AccusedMiss Mwaniki -State Counsel ODDP