[2019] KEHC 4778 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was a first offender, had already spent five years in custody, and had a favourable pre-sentence report with no objection from the family or community. These factors justified a non-custodial sentence. The court exercised...
Source-derived case information.
- Citation
- [2019] KEHC 4778 (KLR)
- Parties
- Respondent: Republic; Defendant: Martin Ndeto Myamai
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 141 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to two years probation
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Probation, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Martin Ndeto Myamai
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the pre-sentence report and mitigation factors.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was a first offender, had already spent five years in custody, and had a favourable pre-sentence report with no objection from the family or community. These factors justified a non-custodial sentence. The court exercised its discretion to impose a two-year probation order, considering the interests of justice, the accused's rehabilitation prospects, and the recommendations of the probation officer.
Court Disposition
accused sentenced to two years probation
Orders
- The accused shall serve two years on probation under the supervision of the county probation officer, Makueni.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCRC. NO. 141 OF 2017
REPUBLIC...........................PROSECUTION
-VERSUS-
MARTIN NDETO MYAMAI .......ACCUSED
(Formerly Machakos High Court Criminal Case No. 37 of 2014)
RULING ON SENTENCING
1. The accused was charged with murder contrary to Section 203 as read with Section 204 of the Penal Code. The same was reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code after a plea bargain agreement. Accused was then convicted.
2. This court called for a pre-sentence report which was filed on 11/7/2019. I have read through the report which is favourable. The family and community have no problem having the accused back home.
3. The State confirmed that the accused is a first offender. The presentence report shows that the accused is not married.
4. He was first arraigned in court on 30/06/2014. He has therefore been in custody for five (5) years.
5. I have considered all these factors, and the accused person’s mitigation and I find the accused suitable for a non-custodial sentence. He will serve two (2) years on probation. The county probation officer Makueni will guide him on where and when to be reporting. The terms and conditions of probation are fully explained to the accused.
Orders accordingly.
DELIVERED, SIGNED AND DATED THIS 18TH DAY OF JULY, 2019 IN OPEN COURT AT MAKUENI.
………………………..
H. I ONG’UDI
JUDGE