[2015] KEHC 7924 (KLR)
The court considered the statutory maximum penalty for manslaughter, the mitigating circumstances presented by the defence, the convict's lack of previous criminal record, and his demonstrated rehabilitation while in custody. The judge exercised discretion to impose a ten-year sentence, deducting the four years...
Source-derived case information.
- Citation
- [2015] KEHC 7924 (KLR)
- Parties
- Applicant: Republic; Defendant: Murian Kenganya Makuri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to ten years imprisonment, with four years already served in custody to be deducted, resulting in a six-year term.
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Penal Code Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Murian Kenganya Makuri
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the appropriate sentence for manslaughter should be imposed considering the circumstances of the offence and the period already spent in custody.
- 2 Whether the period spent in pre-sentence custody should be deducted from the total sentence imposed.
Ratio Decidendi
The court considered the statutory maximum penalty for manslaughter, the mitigating circumstances presented by the defence, the convict's lack of previous criminal record, and his demonstrated rehabilitation while in custody. The judge exercised discretion to impose a ten-year sentence, deducting the four years already served in pre-sentence custody, resulting in a net sentence of six years. The court emphasized the importance of proportionality in sentencing and the requirement to account for time already spent in custody as mandated by law.
Court Disposition
convicted of manslaughter and sentenced to ten years imprisonment, with four years already served in custody to be deducted, resulting in a six-year term.
Orders
- The convict, Murian Kenganya Makuri, is sentenced to ten (10) years imprisonment for manslaughter.
- The period of four years already spent in custody shall be deducted from the sentence, leaving a remainder of six (6) years to be served.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CRIMINAL CASE NO. 16 OF 2011
REPUBLIC …………………………………………………PROSECUTOR
VERSUS
MURIAN KENGANYA MAKURI…………………………………ACCUSED
SENTENCE
Murian Kenganya Makuri has been tried for the offence of murder contrary to section 203 as read with section 204 of the Penal Code. He was found not guilty of murder and was convicted for manslaughter. Manslaughter is an offence created by section 202 of the Penal Code. The penalty for manslaughter is provided for under section 205 of the Penal Code that provides thus:
Any person who commits the felony of manslaughter is liable to imprisonment for life.
After conviction Mr. Anambo, advocate, on behalf of his client mitigated that the convict was faced with a difficult situation after finding the deceased in bed with his wife; that the accused is very remorseful; that he is the first born in his family and takes care of his elderly parents; that he has two children and is a young man at the prime of his youth. Counsel further submitted that the convict has reformed while in custody and has achieved various certificates including a certificate of a man of honour.
Counsel submitted various certificates and a letter from Nairobi Remand and Allocation Prison dated 16th October 2015 showing that the convict exhibited exemplary behaviour while in custody both to the members of public and his fellow inmates. Counsel told the court that the convict has been in custody for the last 4 years.
I have considered the circumstances under which the deceased died. I have taken into account the fact that the convict took advantage of his detention to study for various certificates. He was baptized while in custody and it is my hope that he also made peace with God by confessing this killing and seeking forgiveness. He is said to be a pastor.
As shown above, the penalty for manslaughter is life imprisonment. This is a stiff penalty. It is however the upper limit of that penalty. I have read section 333 of the Criminal Procedure Code on “Other Sentences”. The proviso to that section provides that:
Provided that where the person sentenced under subsection (1) has, prior to such sentence, been held in custody, the sentence shall take account of the period spent in custody.
I have noted that the convict has been in custody since February 2011 making it slightly over four years to date. There are no previous criminal records against him and therefore this court treats him as a first offender. I will and do hereby sentence the convict, Murian Kenganya Makuri, to ten (10) years imprisonment. Having taken into account the four years he has been in custody, he shall serve a prison term of six (6) years which is the remainder of the period of ten (10) years imposed. The right of appeal has been explained to the convict. Orders shall issue accordingly.
Dated, signed and delivered this 24th November 2015.
S. N. MUTUKU
JUDGE
In the presence of:
Ms Magoma for the prosecution
Mr. Anambo for the convict
Mr. Murian Kenganya Makuri, the convict
Mr. Daniel Ngumbi, court clerk