[2021] KEHC 1913 (KLR)
The court determined that custodial sentences were necessary for all accused persons to send a clear deterrent message to the police regarding their duty to protect life. While the 4th accused's invalid condition was considered, it was held that justice required a prison term for all, with the commencement of the...
Source-derived case information.
- Citation
- [2021] KEHC 1913 (KLR)
- Parties
- Applicant: Republic; Defendant: Naftali Chege; Defendant: Charles Wangombe Munyiri; Defendant: Ismael Baraka Bulima; Defendant: John Pamba
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2018
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- All accused persons sentenced to custodial prison terms for manslaughter, with portions of sentences suspended and special consideration for the 4th accused's health condition.
- Judges
- DO Ogembo
- Legal Topics
- Manslaughter, Sentencing Guidelines, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Naftali Chege
Defendant
Charles Wangombe Munyiri
Defendant
Ismael Baraka Bulima
Defendant
John Pamba
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 Whether the accused persons should be sentenced to custodial terms for the offence of manslaughter.
- 2 Whether the health condition of the 4th accused should affect the imposition or commencement of the custodial sentence.
Ratio Decidendi
The court determined that custodial sentences were necessary for all accused persons to send a clear deterrent message to the police regarding their duty to protect life. While the 4th accused's invalid condition was considered, it was held that justice required a prison term for all, with the commencement of the 4th accused's sentence deferred until his health improved or until a set date. The sentences imposed were less than life imprisonment, reflecting the court's discretion and consideration of mitigation, but were substantial enough to reflect the seriousness of the offence and the need for deterrence.
Court Disposition
All accused persons sentenced to custodial prison terms for manslaughter, with portions of sentences suspended and special consideration for the 4th accused's health condition.
Orders
- Naftali Chege sentenced to 15 years in prison, 5 years suspended.
- Charles Wangombe Munyiri sentenced to 12 years in prison, 6 years suspended.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CRIMINAL CASE NO. 34 OF 2018
REPUBLIC
VERSUS
NAFTALI CHEGE..................................................................................1ST ACCUSED
CHARLES WANGOMBE MUNYIRI..................................................2ND ACCUSED
ISMAEL BARAKA BULIMA...............................................................3RD ACCUSED
JOHN PAMBA.........................................................................................4TH ACCUSED
Judgment on Sentence
1. I have considered the mitigation on behalf of all accused persons. I have also considered the submissions by Mr. Muteti for the prosecution and the victim impact evidence of Hilary and Lord Monson.
2. I agree that there is need to send clear message to the police that their duty is to protect life rather than take it away.
3. I have seen the condition of the 4th accused. He is an invalid. However, it would not meet the interest of justice if I fail to jail him to prison term. All the accused persons deserve to be jailed to custodial sentence. That is the only way a clear message would be sent out to the police.
4. Having considered the mitigation in place, it must be noted that the sentence for manslaughter is life in prison. Therefore, any jail term which is less than life in prison is reasonable in the circumstances. I therefore herewith jail the accused person as follows, depending on their degree of responsibility:
1. The 1st accused person Naftali Chege is sentenced to serve a jail term of 15 years in prison, 5 of which are suspended.
2. The 2nd accused person Charles Wang’ombe Munyiri shall serve a prison sentence of 12 years in prison, 6 of which are suspended.
3. The 3rd accused person shall serve 9 years in prison, 5 of which are suspended.
4. The 4th accused person shall serve 12 years in prison, 6 of which are suspended. However, due to his invalid condition, the 4th accused person shall continue to seek treatment outside prison, and shall only move into jail after his health condition has improved. However, in any event the 4th accused person shall be moved into jail on 15/11/2022 regardless of whether or not he shall have healed.
DATED, SIGNED AND DELIVERED IN OPEN COURT ON 15TH NOVEMBER 2021.
E. K. OGOLA
JUDGE