[2016] KEHC 413 (KLR)
The court found that the accused, Mohammed Ume Ado, was not guilty of murder but guilty of manslaughter, having caused the death of Yasmin Ali Godo during a fight without aggravating circumstances. The court considered the mitigation advanced by the defence, including the accused's remorse, youth, orphan status, and...
Source-derived case information.
- Citation
- [2016] KEHC 413 (KLR)
- Parties
- Applicant: Republic; Defendant: Mohammed Ume Ado
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 102 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to six years' imprisonment
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, First Offender, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Mohammed Ume Ado
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter after acquittal on the charge of murder.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court found that the accused, Mohammed Ume Ado, was not guilty of murder but guilty of manslaughter, having caused the death of Yasmin Ali Godo during a fight without aggravating circumstances. The court considered the mitigation advanced by the defence, including the accused's remorse, youth, orphan status, and the fact that he had been in custody for nearly four years. The prosecution did not oppose leniency, noting the accused was a first offender. The court determined that, given the circumstances, a lengthy custodial sentence was not appropriate. Balancing the loss of life with the mitigating factors, the court sentenced the accused to six years' imprisonment.
Court Disposition
convicted of manslaughter and sentenced to six years' imprisonment
Orders
- The accused shall serve six years' imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 102 OF 2012
REPUBLIC ………………………………………………. PROSECUTOR
VERSUS
MOHAMMED UME ADO……………………….....………….. ACCUSED
SENTENCE
1. The accused Mohammed Ume Ado is charged with murder contrary to section 203 as read with Section 204 of the Penal code. The particulars of the offence are that on 2nd December 2012 at about 6a.m. while at Mirangi Lodge, Eastleigh within Nairobi County murdered Yasmin Ali Godo.
2. After trial the court found that the offence of murder had not been proved and convicted the accused of the lesser offence of manslaughter contrary to section 202 of the Penal Code. The judgment was delivered on 30th May, 2016.
3. In mitigation, Mr. Kaingu for the accused told the court that the accused was remorseful for the regrettable outcome of the fight with the deceased who was his girlfriend. He submitted that the accused was an orphan and his younger siblings were dependent on him. He urged the court to consider the fact that the accused was a young man who had learnt his lesson. Finally, Mr. Kaingu prayed for a lenient sentence to allow the accused make use of his youth outside prison.
4. On her part, Ms. Mbevi for the prosecution submitted that the accused may be treated as a first offender.
5. I have considered the mitigation. I have also considered the circumstances of the offence. The accused and deceased were living together as a young couple. I take it from the evidence tendered in the trial, that they were lovers. On the fateful day, they fought in the corridor of the Lodge and continued their fight in the room. I did not find any aggravating circumstances. I also consider that the accused has been in custody for close to four years now. While loss of life is not to be taken lightly, I do not consider a lengthy custodial sentence appropriate in the circumstances of this case. The accused shall serve seven (6) years’ imprisonment.
Sentence dated and delivered at Nairobi this 29th day of September, 2016.
R.A. LAGAT-KORIR
JUDGE
In the presence of:
………………….. Court clerk
……………………. Accused
……………………. For the accused
……………………. For the State