[2019] KEHC 3899 (KLR)
The court found that, given the circumstances of the offence, the accused's positive background, the period already spent in remand, and the welfare of her children, a custodial sentence was not warranted. The pre-sentence report recommended probation, and there were no aggravating factors. The court therefore...
Source-derived case information.
- Citation
- [2019] KEHC 3899 (KLR)
- Parties
- Applicant: Republic; Defendant: Njeri Mbiti Mativo
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2018
- Procedural Posture
- Criminal Law / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
- Outcome
- Accused placed on probation for three years.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Probation, Penal Code, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Njeri Mbiti Mativo
Defendant
Procedural Posture
Criminal Law / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
Legal Issues
- 1 Whether the accused should be sentenced to imprisonment or placed on probation for the offence of manslaughter.
- 2 What weight should be given to the pre-sentence report and the accused's personal circumstances.
Ratio Decidendi
The court found that, given the circumstances of the offence, the accused's positive background, the period already spent in remand, and the welfare of her children, a custodial sentence was not warranted. The pre-sentence report recommended probation, and there were no aggravating factors. The court therefore placed the accused on probation for three years, warning her of the consequences of non-compliance and directing her to report to the county probation officer for supervision.
Court Disposition
Accused placed on probation for three years.
Orders
- The accused is placed on probation for three years.
- The accused is to report to the Makueni county probation officer, Mr. S.M. Munyasya, for further directions.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HCCR NO. 16 OF 2018
REPUBLIC.............................................PROSECUTION
-VERSUS-
NJERI MBITI MATIVO................................ACCUSED
RULING ON SENTENCE
1. The accused was initially charged with the offence of murder contrary to Section 203 as read with Section 204 Penal Code.
2. The charge was reduced to manslaughter contrary to Section 202 as read with Section 205 Penal Code on 7th August, 2019 after a plea bargain. The accused was convicted after pleading guilty to killing Maluni Musau un intentionally.
3. The court called for a pre-sentence report which was filed by Mr. S.M. Munyasya, the county probation officer on 4th September, 2019. The report is detailed and gives a positive back ground of the accused. The deceased was the accused’s boyfriend of one year.
4. She has three children two of whom are living with relatives. The third one lives with her in prison since her time of arrest i.e. July 2018. She usually comes to court with him.
5. It is unfortunate that the deceased’s family was not known to the accused’s family. The accused and deceased just met at Kambu market and started cohabiting.
6. I have considered the circumstances of the offence, the period the accused has been in remand, the life her innocent children are living and the social inquiry report.
7. The accused is placed on probation for three (3) years. She is warned of the consequences of failure to observe the probation conditions. She will report to the Makueni county probation officer Mr. S.M Munyasya who will give her further directions on who and where to be reporting.
Orders accordingly.
DELIVERED, SIGNED & DATED THIS 27TH DAY OF SEPTEMBER 2019, IN OPEN COURT AT MAKUENI.
.................................
H. I. ONG’UDI
JUDGE