[2022] KEHC 15097 (KLR)
The court found that the accused, Clinton Ndiba, had initially been charged with murder but, following a plea bargain, pleaded guilty to manslaughter. The facts established that the accused, while intoxicated, was provoked by his father, who demolished his house, leading to a fatal confrontation. The court...
Source-derived case information.
- Citation
- [2022] KEHC 15097 (KLR)
- Parties
- Applicant: Republic; Defendant: Clinton Ndiba
- Court
- High Court
- Court Station
- High Court at Nyahururu
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 022 of 2021
- Procedural Posture
- Criminal Case / Ruling on Plea Bargain and Sentencing
- Outcome
- conviction for manslaughter; sentenced to five years' imprisonment from date of arrest
- Judges
- CM Kariuki
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Provocation, First Offender, Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Clinton Ndiba
Defendant
Procedural Posture
Criminal Case / Ruling on Plea Bargain and Sentencing
Legal Issues
- 1 Whether the accused was guilty of murder or a lesser offence of manslaughter.
- 2 Whether the plea bargain and facts support a conviction for manslaughter.
- 3 What is the appropriate sentence considering the circumstances, including provocation and mitigation.
Ratio Decidendi
The court found that the accused, Clinton Ndiba, had initially been charged with murder but, following a plea bargain, pleaded guilty to manslaughter. The facts established that the accused, while intoxicated, was provoked by his father, who demolished his house, leading to a fatal confrontation. The court considered the accused's youth, lack of previous criminal record, remorse, and the provocation by the deceased. However, the court held that the accused's response—striking his father on the head with a metal bar—was disproportionate and unjustified, even in the face of provocation. The court concluded that the plea to manslaughter was appropriate and, balancing the mitigating and...
Court Disposition
conviction for manslaughter; sentenced to five years' imprisonment from date of arrest
Orders
- The accused is convicted of manslaughter on his own plea of guilty.
- The accused is sentenced to five years' imprisonment to run from December 4, 2021.
Full Case Text
Judgment text and source record
33 paragraphs
Republic v Ndiba (Criminal Case 022 of 2021) [2022] KEHC 15097 (KLR) (9 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15097 (KLR)
Republic of Kenya
In the High Court at Nyahururu
Criminal Case 022 of 2021
CM Kariuki, J
November 9, 2022
Between
Republic
Prosecutor
and
Clinton Ndiba
Accused
Ruling
1. The Accused was charged with offence of murder contrary to section 203 as read with section 204 of the Penal Codecap 63 Laws of Kenya.
2. Particulars were that on December 4, 2021 at Kianoe village within Subukia village within Subukia Sub – County within Nakuru County,Murdered Joseph Kinyanjui.
3. He pleaded not guilty and the matter was scheduled for hearing after pre-trial directions.
4. Later the defence and the prosecution entered into a plea -bargain negotiation which culminated with accused changing plea to that of guilty to a lesser offence of manslaughter.
5. The facts were read to the effect that on December 4, 2021 at around 1pm at Kianoe Location, Subukia Sub-County within Nakuru County, the accused person came home while very drunk and confronted his father, the deceased, for no particular reason. The deceased then asked the accused to move out of his homestead because the he was always drunk and creating disturbance. The deceased took an iron bar and demolished the house in which the accused used to sleep in. The accused’s mother, Zipporah Mukami, immediately went to the area chief to report that the accused was fighting with his father. The accused became violent, picked up the metal bar and hit the deceased on the head thus killing him instantly. Shortly thereafter, the accused followed his mother and told her that he had finished his father and he would finish her too. The accused’s mother pleaded with her son not to kill her so that she could fend for her other children. The police were called and shortly thereafter, the accused was arrested and taken to Subukia police Station.
6. Investigations commenced and it was found that the accused had committed the offence of murder and was therefore charged with murder which has now been substituted with manslaughter.
7. The iron bar used in the commission of the offence was sent to the government chemist for analysis. A post mortem was conducted on the body of the deceased at Nyahururu County and referral Hospital which revealed the cause of death as severe head injury secondary to crush injury of the skull following assault with a sharp penetrating instrument. The postmortem report is produced as exhibit.
8. The facts above were read to accused and he stated that they are correct.
9. The Prosecution told court that accused can be treated as a first offender as he had no previous records.
10. The defence in mitigation submitted that the deceased provoked the accused while accused was drunk by demolishing his (accused) house to stop demolitions, the accused the deceased once but he died instantly.
11. Thus, he seeks leniency. He told court he is sorry and repentant and remorseful.
12. He was 23 years and now going to 24 years and seeks mercy to go home to take care of his young siblings and elderly mother.
13. He has been in custody for almost a year.
14. The court has taken to account that that the deceased is the one who provoked his son accused herein by demolishing his house.
15. The accused was drunk and had initially confronted his late father before the deceased demolished accused house.
16. It was not justified to hit his later father on the head to stop his act of demolition. He could have used a better method to stop him.
17. Accused is a first offender and has saved court time by pleading guilty to a lesser offence of manslaughter. Court has taken to account his age.
18. Thus, the court will sentence accused to five years to run from the date of arrest December 4, 2021.
DATED, SIGNED AND DELIVERED AT NYAHURURU THIS 9TH DAY OF NOVEMBER 2022. ..................................................CHARLES KARIUKIJUDGE