[2018] KEHC 6526 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and being a first offender, deserved consideration for mitigation. The accused's youth, orphan status, remorse, and time already spent in custody were significant factors. The court accepted that the accused was provoked by the deceased's...
Source-derived case information.
- Citation
- [2018] KEHC 6526 (KLR)
- Parties
- Respondent: Republic; Defendant: Mohammed Issa Juma
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2016
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Judges
- AM Cockar
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Provocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Mohammed Issa Juma
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the period spent in custody should be considered in sentencing.
- 3 Whether provocation and the accused's personal circumstances mitigate the sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and being a first offender, deserved consideration for mitigation. The accused's youth, orphan status, remorse, and time already spent in custody were significant factors. The court accepted that the accused was provoked by the deceased's aggressive behaviour towards a female, but held that the accused's response was excessive. The Probation Officer's report was neutral regarding suitability for probation. Balancing all factors, the court determined that a custodial sentence was appropriate but reduced the term to account for time already served, resulting in a sentence of one and a half years' imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to four years imprisonment, less the two years and six months already served in custody, resulting in a total of one and a half years' imprisonment.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT CRIMINAL CASE NO. 10 OF 2016
Lesiit, J.
REPUBLIC ............................................................... PROSECUTION
VERSUS
MOHAMMED ISSA JUMA ............................................. ACCUSED
RULING ON SENTENCE
1. The accused was initially charged with murder contrary to section 203 of the Penal Code. However, after a successful Plea Bargaining, the charge was reduced to manslaughter contrary to section 202 of the Penal Code.
2. I have considered that the accused was convicted of the lesser charge of manslaughter contrary to section 202 of the Penal Code after pleading guilty to the offence thus saving court’s time.
3. I have considered that the Prosecution has treated the accused as a first offender.
4. Mr. Njuguna for the accused in mitigation urged the court to note that the accused is 20 years old and had just turned 18 years of age at the time he committed this offence. He urged that the accused has been in custody for 2 years and 1 month and that he has shown signs of rehabilitation and change.
5. Mr. Njuguna submitted that the accused was remorseful for the offence, was an orphan and has requested for a non-custodial sentence.
6. I called for a Pre-Sentence Report from Probation. One has been filed by Ms. Abima, Probation Officer. I have considered it. It shows that the accused has no blood family he knows having grown up as an orphan cared for by well-wishers. The well-wishers speak highly of him.
7. There is an impact statement by the mother of the deceased. She is still bitter for the loss of her first born son and is yet to heal from the shock of that loss.
8. I have considered submissions by the prosecution and the defence counsels. I have also considered the Pre-Sentence Report by the Probation.
9. From the circumstances of this offence, it is clear the accused reacted to aggressive behaviour of the deceased towards a female. Accused person’s action was equally as aggressive as it was protective.
10. The fact that the accused was a security person at the place where this incident occurred, and the fact accused had behaved aggressively towards a woman, I find that the only conclusion I can make is that the accused was provoked by deceased’s behaviour. The accused person’s action was however excessive as the blow to the head had caused laceration.
11. The Probation Officer was non-committal on whether the accused was suitable for a Probation Sentence.
12. Having taken all these factors into consideration, I will sentence the accused to four years imprisonment less the two years and six months he has been in custody. In total he should serve 1½ years’ imprisonment.
DATED AT NAIROBI THIS 18TH DAY OF APRIL, 2018.
LESIIT, J
JUDGE