[2022] KEHC 1449 (KLR)
The court determined that, given the brutality of the offence, the accused's past criminal record, and the strong opposition from both families and the community to his reintegration, a non-custodial sentence would not serve the interests of justice or community safety. The court found that the risk of retaliation...
Source-derived case information.
- Citation
- [2022] KEHC 1449 (KLR)
- Parties
- Applicant: Republic; Defendant: Moris Kinyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2019
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to 30 years' imprisonment for manslaughter.
- Judges
- CA Otieno
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Guidelines, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Moris Kinyua
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the victim impact statement and community concerns in sentencing.
- 3 Whether the accused's past criminal record and risk to the community justify a deterrent sentence.
Ratio Decidendi
The court determined that, given the brutality of the offence, the accused's past criminal record, and the strong opposition from both families and the community to his reintegration, a non-custodial sentence would not serve the interests of justice or community safety. The court found that the risk of retaliation and the accused's propensity for crime necessitated a lengthy custodial sentence to protect the public, deter future offences, and provide the accused with an opportunity for rehabilitation in a controlled environment. The sentence was set at 30 years' imprisonment, to be calculated from the date of arrest, reflecting the seriousness of the offence and the need for deterrence.
Court Disposition
Accused sentenced to 30 years' imprisonment for manslaughter.
Orders
- The accused is sentenced to 30 years' imprisonment.
- The sentence shall be calculated from the date of arrest, 26.9.2019.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL CASE NO73OF 2019
REPUBLIC...................................................................PROSECUTOR
VERSUS
MORIS KINYUA.................................................................ACCUSED
SENTENCE
1. A plea agreement dated 9/8/2021 and filed in court on same day came before court for adoption, was adopted, the accused was then charged with the lesser offence of Manslaughter to which he pleaded guilty and a conviction was entered against the accused for that offence.
2. Pursuant to that plea of guilt having been entered, the court directed that a pre-sentencing and/or a victim impact statement report be filed by the probation officer prior to mitigation and sentencing.
3. The probation officer filed both pre-sentence and a Victim impact statement reports both date 21/9/2021 on 13/10/2021. The two reports reveal that the accused family and that of the victim as well as the community represented by the administration are not keen to having him back home, in order to initiate the reconciliation and integration processes. All interviewed fear retaliation and violence from the accused who is described at a serial murderer, rapist, defiler, sodomiser and destructive to property. Their view is that justice will only be served if he is given a custodial sentence as a way of deterrence.
4. I have taken into account the recommendations made in the two reports and the mitigation offered by Mr. Mutuma, on behalf ofmiss Muna for the accused. I have equally taken into consideration the sentiments expressed by Mr. Maina for the prosecution noting that the deceased was brutally stabbed on the chest and urging that no leniency be given to the accused.
5. Drawing guidance from the objectives of sentencing in Criminal justice system, and being cognizant of the gravity of the offence for which the accused has been convicted, the age of the accused and his past criminal records revealed, I find that the circumstances of the case and community concers mitigates against a non-custodial sentence.
6. When narrations given on how the deceased died and the views of the deceased’s familly as well as the family of the accused, as captured in the probation officers reports are given due regard, it is difficult to wish away the possibility of an inclination to revenge. I take into account the concerns of all interviewed I determine that the accused needs to be kept away much longer and in a correctional environment and be given time to consider acquiring a trade or skill and to secure the safety of the community. In addition, the accused is said to have been taken to propensity to crime and disorderliness for which he needs more time in the environment of a correctional facility to rethink his life and ways including acquisition of the skills that may engage him once he is released into the community.
7. Having given regard to the above factors, I determine to give the accused a deterrent custodial sentence of 30 years’ imprisonment. The term shall be calculated from the day he was arrested being the 26. 9.2019
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 16TH DAY OF MARCH, 2022
PATRICK J.O OTIENO
JUDGE
IN PRESENCE OF
MR. MAINA FOR THE PROSECUTION
MISS MUNA FOR THE ACCUSED
ACCUSED – PRESENT
PATRICK J.O OTIENO
JUDGE