[2022] KEHC 3094 (KLR)
The court considered the gravity of the offence, the loss of a young life, the negative attitude of the deceased's family towards the accused, the lack of reconciliation, and the violent character of the accused as captured in the pre-sentence report. While acknowledging the mitigation factors presented by the...
Source-derived case information.
- Citation
- [2022] KEHC 3094 (KLR)
- Parties
- Applicant: Republic; Defendant: Bernard Odiwuor Oyollah
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 77 of 2019
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain and Mitigation
- Outcome
- accused sentenced to 15 years imprisonment for manslaughter
- Judges
- DO Ogembo
- Legal Topics
- Manslaughter, Sentencing Principles, Plea Bargain, Mitigation Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Bernard Odiwuor Oyollah
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain and Mitigation
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the mitigation factors and the pre-sentence report in determining the appropriate sentence.
Ratio Decidendi
The court considered the gravity of the offence, the loss of a young life, the negative attitude of the deceased's family towards the accused, the lack of reconciliation, and the violent character of the accused as captured in the pre-sentence report. While acknowledging the mitigation factors presented by the accused, including his remorse, family circumstances, illness, and time spent in custody, the court found that the seriousness of the offence and the need for deterrence outweighed the plea for a non-custodial sentence. The court held that a custodial sentence was warranted to reflect the seriousness of the crime and to serve as a deterrent to the accused and others. Accordingly,...
Court Disposition
accused sentenced to 15 years imprisonment for manslaughter
Orders
- The accused is sentenced to serve 15 years imprisonment.
- The sentence shall run from 20.11.2019, the date of first arraignment.
Full Case Text
Judgment text and source record
22 paragraphs
Republic v Oyollah (Criminal Case 77 of 2019) [2022] KEHC 3094 (KLR) (Crim) (5 May 2022) (Ruling)
Neutral citation: [2022] KEHC 3094 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case 77 of 2019
DO Ogembo, J
May 5, 2022
Between
Republic
Prosecution
and
Bernard Odiwuor Oyollah
Accused
Ruling
1. The accused Benard Odiwuor Oyollah, was first charged with murder contrary to section 203 as read with section 204 of the Penal Code. following a plea bargain, however, the accused has pleaded guilty to the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
2. The accused has filed an affidavit detailing the factors of mitigation. It is the same mitigation that counsel for the accused raised by way of oral submissions in court on March 2, 2022. The mitigation raised was that;i.That he is 31 years old, married to the deceased and with 2 children aged 11 and 7 years respectively.ii.That he is the sole bread winner of his family, being a mechanic at a construction site.iii.That he is remorseful and asks for forgiveness.iv.That he is also ailing from HIV and is on medication.v.That he has been in custody for 2 years and 3 months, and has gone through rehabilitation while in custody.vi.He pleads for a non-custodial sentence.
3. The protection, has on the other hand, urged that the court should take into account the fact that the deceased died young at 28 years and left behind 2 young children. Counsel noted that this is a serious offence and the sentence should give the deceased dignity. A custodial sentence was prayed for.
4. I have considered the said mitigation and the response to the same by the prosecution. I have also considered the probation officer’s pre-sentence report filed herein on March 30, 2022. In the said report, the negative attitude of the family of the deceased towards the accused is expressed. The report, while capturing a denial from the deceased’s side on any possibility of reconciliation, also alludes to the violent nature and character of the accused.
5. I have accordingly considered the above circumstances of this case. A young life of a lady (aged variously at 26 and 28) was lost. This court is convinced that the accused deserves a custodial sentence that would act as a deterrent to accused and also to others of like minds.Section 205 of the Penal code reads;“any person who commits the felony of manslaughter is liable to imprisonment for life.”
6. Taking into account the circumstances of this case as above, I sentence the accused to serve 15 years imprisonment. This sentence shall run from 20. 11. 2019 when the accused was first arraigned before the court. Right of Appeal 14 days.
D. O. OGEMBOJUDGE5. 2022Court:Ruling on the sentence read out in open court in presence of the accused, Ms. Obuya for Mr. Farah for the accused and Ms. Kimani for the state.D. O. OGEMBOJUDGE5. 2022