[2017] KEHC 943 (KLR)
The court found that, although the accused pleaded guilty to manslaughter and is a first offender, the use of a lethal weapon (an axe) against an unarmed victim who was caring for her is an aggravating factor. The presence of a young child does not outweigh the seriousness of the offence. The court determined that a...
Source-derived case information.
- Citation
- [2017] KEHC 943 (KLR)
- Parties
- Respondent: Republic; Defendant: Nancy Chepsalanich Lokwangle
- Court
- High Court
- Court Station
- High Court at Kapenguria
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 10 of 2017
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- conviction and sentence
- Judges
- AM Githinji
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Nancy Chepsalanich Lokwangle
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the accused is guilty of manslaughter as pleaded to.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances.
Ratio Decidendi
The court found that, although the accused pleaded guilty to manslaughter and is a first offender, the use of a lethal weapon (an axe) against an unarmed victim who was caring for her is an aggravating factor. The presence of a young child does not outweigh the seriousness of the offence. The court determined that a custodial sentence of eight years' imprisonment is appropriate to reflect the gravity of the crime and to serve as a deterrent.
Court Disposition
conviction and sentence
Orders
- The accused is sentenced to eight (8) years imprisonment for the offence of manslaughter.
- Right of appeal within 14 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAPENGURIA
CRIMINAL CASE NUMBER 10 OF 2017
REPUBLIC............................................PROSECUTION
VERSUS
NANCY CHEPSALANICH LOKWANGLE...ACCUSED
JUDGMENT
I have considered that the accused has pleaded guilty to a lesser offence of manslaughter, she is a first offender, and could have been drunk during commission of the offence. I have also considered that the deceased’s body was found on the bed and there is no fact that he was armed in the quarrel. I have also considered that the convict used a lethal weapon, an axe to end the life of the deceased; the man who was taking care of her.
Given these circumstances she does not deserve a non-custodial sentence on the mere ground that she has a young child. She needs to pay for the offence committed by way of suffering a jail sentence to learn that crime does not pay. I consider it appropriate that she suffers a jail imprisonment for a period of eight (8) years. It is the sentence I pass against her. Right of appeal 14 days.
S. M. GITHINJI
JUDGE
19. 12. 2017