[2018] KEHC 3471 (KLR)
The court found that, given the circumstances of the offence—namely, that the accused acted following a fight at a social gathering while intoxicated, and considering the accused's good standing in the community and the lack of objection from the deceased's family—a non-custodial sentence was appropriate. The court...
Source-derived case information.
- Citation
- [2018] KEHC 3471 (KLR)
- Parties
- Applicant: Republic; Defendant: Kalvin Achiki Ombati
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to two years probation; released unless otherwise lawfully held.
- Judges
- DAS Majanja
- Legal Topics
- Manslaughter, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Kalvin Achiki Ombati
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What mitigating factors should influence the sentence imposed on the accused.
Ratio Decidendi
The court found that, given the circumstances of the offence—namely, that the accused acted following a fight at a social gathering while intoxicated, and considering the accused's good standing in the community and the lack of objection from the deceased's family—a non-custodial sentence was appropriate. The court thus sentenced the accused to two years probation, emphasizing rehabilitation over incarceration.
Court Disposition
Accused sentenced to two years probation; released unless otherwise lawfully held.
Orders
- The accused, Kalvin Achiki Ombati, is sentenced to two years probation.
- The accused is ordered released unless otherwise lawfully held.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 23 OF 2013
REPUBLIC.....................................................................................PROSECUTOR
VERSUS
NICODEMUS SAGINI NYAKUNDI.............................................1ST ACCUSED
KALVIN ACHIKI OMBATI.........................................................2ND ACCUSED
RULING ON SENTENCE
The accused KALVIN ACHIKI OMBATI was charged with murder but ultimately convicted of the offence of manslaughter. The circumstances of the case was that the deceased was stabbed by the accused following a fight at a Matanga where the accused had come in a drunken state and started mishandling the women.
I have considered the plea for leniency and the probation report which show that the accused is a member of good standing in the community. It appears that the family of the deceased do not have any problem with a non-custodial sentence.
Considering the circumstances of the case, I hereby sentence the accused, KALVIN ACHIKI OMBATI, to two (2) years probation. He is ordered released unless otherwise lawfully held.
Ruling read and delivered in open Court this 12th October 2018.
D.S Majanja
Judge