[2024] KEHC 3559 (KLR)
The court found that the accused, having armed herself with a knife and gone to the deceased's house, demonstrated premeditation and readiness for violence. While the court acknowledged the accused's mitigation and the pre-sentence report, it held that justice for the deceased required a custodial sentence. The...
Source-derived case information.
- Citation
- [2024] KEHC 3559 (KLR)
- Parties
- Applicant: Republic; Defendant: Bathseba Mogoi Mokandu
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 19 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling After Conviction on Plea Agreement
- Outcome
- accused sentenced to three years imprisonment for manslaughter
- Judges
- HM Nyaga
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Principles, Mitigation, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bathseba Mogoi Mokandu
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Conviction on Plea Agreement
Legal Issues
- 1 Whether the accused's actions in arming herself and confronting the deceased warranted a custodial sentence for manslaughter.
- 2 What weight should be given to the accused's mitigation and the pre-sentence report in determining sentence.
Ratio Decidendi
The court found that the accused, having armed herself with a knife and gone to the deceased's house, demonstrated premeditation and readiness for violence. While the court acknowledged the accused's mitigation and the pre-sentence report, it held that justice for the deceased required a custodial sentence. The court considered the time already spent in custody and ordered that the three-year sentence commence from the date of the ruling. The court emphasized that violence is not a solution and that the sentence should serve as a lesson to the accused and the public.
Court Disposition
accused sentenced to three years imprisonment for manslaughter
Orders
- The accused is sentenced to three (3) years imprisonment for manslaughter.
- The sentence shall commence from the date of this ruling, April 11, 2024.
Full Case Text
Judgment text and source record
24 paragraphs
Republic v Mokandu (Criminal Case 19 of 2017) [2024] KEHC 3559 (KLR) (11 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3559 (KLR)
Republic of Kenya
In the High Court at Nakuru
Criminal Case 19 of 2017
HM Nyaga, J
April 11, 2024
Between
Republic
Prosecution
and
Bathseba Mogoi Mokandu
Accused
Ruling
1. The accused was convicted on the offence of Manslaughter, pursuant to a Plea Agreement with the prosecution.
2. The court called for a Pre-sentence Report, which has been filed. The views of the family of the deceased have been captured and I have noted them.
3. The accused had a confrontation with the deceased over what the former suspected to be an extra marital affair between the deceased and her husband. The confrontation ended tragically, with the accused stabbing the deceased.
4. It is important to note that the accused went to the deceased’s house armed with a knife. This means that she was prepared for violence.
5. Whereas, I would sympathise with the accused’s situation, as set out in her mitigation and the pre-sentence report, there is need to do justice to the deceased, even if that cannot bring her back to life.
6. I am of the opinion that the accused, having armed herself in advance, ought to have known the consequences of her actions.
7. It is thus imperative that she learns a lesson, that violence is not a solution.
8. For the foregoing reasons, I sentence the accused to three (3) years imprisonment. In doing so, I have considered the time she spent in custody from the time of being charged and her subsequent release on bond. Thus, the sentence will commence from the date of this Ruling, today.
9. Right of Appeal is explained.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 11TH DAY OF APRIL, 2024. H. M. NYAGA,JUDGE.In the presence of;State Counsel Ms OkokCourt Assistant OleperonAccused present