[2013] KEHC 4836 (KLR)
The court found the accused guilty of manslaughter under Section 202 as read with Section 205 of the Penal Code. In determining the sentence, the court considered the accused's age, family responsibilities, and the three years already spent in remand as mitigating factors. Balancing the seriousness of the offence...
Source-derived case information.
- Citation
- [2013] KEHC 4836 (KLR)
- Parties
- Applicant: Republic; Defendant: Michael Vucha Martin
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 38 of 2010
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Penal Code Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Michael Vucha Martin
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
- 2 What is the appropriate sentence considering the circumstances and mitigation.
Ratio Decidendi
The court found the accused guilty of manslaughter under Section 202 as read with Section 205 of the Penal Code. In determining the sentence, the court considered the accused's age, family responsibilities, and the three years already spent in remand as mitigating factors. Balancing the seriousness of the offence with these circumstances, the court imposed a custodial sentence of one year imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to serve one (1) year imprisonment.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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REPUBLIC ….……………………………………………… PROSECUTOR
V E R S U S
MICHAEL VUCHA MARTIN ……………………..…………. ACCUSED
S E N T E N C E
The accused person was convicted of the offence of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. The deceased was his daughter in law. Counsel for the accused submitted that the accused is aged 62 years old and has eight children four of whom are minors. He has been in remand for three years.
Taking into account the circumstances of the case and the mitigation by accused’s counsel, the accused is sentenced to serve one (1) year imprisonment.
Delivered, dated and signed at Kakamega this 7th day of February, 2013.
SAID J. CHITEMBWE
J U D G E