[2020] KEHC 2193 (KLR)
The court determined that, in sentencing for manslaughter, it must weigh both mitigating and aggravating factors. The mitigating factors included the accused being a first offender, his youth, remorse, and the significant period already spent in custody. The aggravating factors were the loss of life, the...
Source-derived case information.
- Citation
- [2020] KEHC 2193 (KLR)
- Parties
- Respondent: Republic; Defendant: Nickson Peter Sadera
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 7 of 2019
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigating Factors, Aggravating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Nickson Peter Sadera
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter contrary to section 202 as read with 205 of the Penal Code.
- 2 How should the court balance mitigating and aggravating factors in determining the sentence.
Ratio Decidendi
The court determined that, in sentencing for manslaughter, it must weigh both mitigating and aggravating factors. The mitigating factors included the accused being a first offender, his youth, remorse, and the significant period already spent in custody. The aggravating factors were the loss of life, the vulnerability of the victim (the accused's baby daughter), and the severity of the injuries inflicted. The court disregarded the prosecution's call for a deterrent sentence, finding it outside the prosecutor's mandate. After balancing these considerations, the court found that a custodial sentence was warranted and imposed a sentence of seven years' imprisonment.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to seven years' imprisonment.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL CASE NO. 7 OF 2019
REPUBLIC..............................PROSECUTOR
VERSUS
NICKSON PETER SADERA.......ACCUSED
J U D GE M E NT ON SENTENCE
1. The accused stands convicted of manslaughter contrary to section 202 as read with 205 of Penal Code (Cap 63) Laws of Kenya in respect of his accused baby daughter.
2. The issue before me is to ascertain the proper sentence to be imposed.
3. In this regard, Ms. Torosi the prosecutor informed the court that the accused is a first offender. She urged the court to take into account the following. The victim was his defenceless daughter. Alife has been lost. She also urged the court to take into account the injuries inflicted on the victim. Furthermore, she urged the court to impose a deterrent sentence.
4. Ms. Saika, counsel for the accused urged the court to take into account the following matters in her mitigation. The accused is a young man and is very remorseful. The accused pleads for lenience and has urged the court to impose a non-custodial sentence.
5. In sentencing the accused, I am required to take into account both the mitigating and aggravating factors. The mitigating factors include the following matters. The accused is a first offender. The accused has been in custody since 6/3/2019, which translates to about one year and seven months.
6. The aggravating factors include the following. A life has been lost. The deceased was the baby daughter of the accused. The accused inflicted severe injuries.
7. It is important to point out that it is not proper for the prosecutor to urge the court to impose a deterrent sentence. In urging this court to impose a deterrent sentence, the prosecutor was acting outside her mandate. I have ignored it.
8. After taking into account all these matters, I find that the appropriate sentence is seven years’ imprisonment, which I hereby impose.
Judgment signed, dated and delivered at Narok this 28th day of October, 2020 in the presence of Ms. Torosi for the Republic and Ms. Saika for the accused.
J. M. BWONWONG’A.
J U D G E
28/10/2020