[2015] KEHC 51 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to mitigation based on the circumstances of the offence. The altercation arose from a quarrel between brothers, escalating to violence where both parties were armed. The deceased attacked the accused with a...
Source-derived case information.
- Citation
- [2015] KEHC 51 (KLR)
- Parties
- Applicant: Republic; Defendant: Pascal Ondieki Amenya
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 103 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted of manslaughter and sentenced to one year probation.
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Self Defence, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Pascal Ondieki Amenya
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea bargain agreement.
- 2 Whether the accused acted in self defence during the fatal altercation.
- 3 What is the appropriate sentence considering the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to mitigation based on the circumstances of the offence. The altercation arose from a quarrel between brothers, escalating to violence where both parties were armed. The deceased attacked the accused with a panga, inflicting a head injury, and the accused retaliated with fatal knife wounds. The court accepted that the accused acted in self defence, though the force used resulted in death. The accused's remorse, first offender status, and the favourable probation report, coupled with over three years spent in custody, justified a non-custodial sentence. The court thus imposed a...
Court Disposition
convicted of manslaughter and sentenced to one year probation.
Orders
- The accused is sentenced to serve one year probation under supervision of the area Probation Officer.
- The accused shall be released from custody forthwith unless otherwise lawfully held.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.103 OF 2012
REPUBLIC
VERSUS
PASCAL ONDIEKI AMENYA - ACCUSED
SENTENCE
1. The accused person herein, PASCAL ONDIEKI AMENYA was charged with the offence of Murderwhich was, by a plea bargain agreement entered into on 21st July 2015 reduced to Manslaughter contrary to Section 202as read withSection 205 of the Penal Code.
The particulars of the charge were that on 2nd August 2012 at Suguta village, Ramasha Location in Masaba South District within Kisii County unlawfully caused the death of BONIFACE AMENYA.
2. The accused pleaded guilty to the charge of manslaughter and was consequently convicted of the said offence.
3. The accused person herein and the deceased were brothers.
4. The incident took place when the two brothers picked up a quarrel which degenerated into a bitter argument that led to both of them picking up arms. The deceased was armed with a panga while the accused person had a knife. The two engaged in a physical confrontation in which the deceased slashed the accused on the head with a panga while the accused retaliated by stabbing the deceased severally on the stomach, neck, throat and head. The deceased fell down and bled to death.
5. In mitigation, Mr. Morache, counsel for the accused submitted that the accused was a first offender, he was remorseful and acted in self defence after the deceased attacked him with a panga.
6. He pleaded for a non-custodial sentence taking into account the long stint the accused had stayed in custody while awaiting his trial.
7. The Probation Officer’s pre-sentencing and victim impact assessment report filed in court on 24th September 2015 was favourable to the accused person. The Probation Officer recommended that the accused be given a non-custodial sentence in view of the fact that the accused was remorseful and his immediate family members and community were ready to welcome him back home.
8. I have taken into account the fact that the accused has been in custody since August 2012 which is more than 3 years now.
9. I have also considered the circumstances surrounding this case and the fact that the accused acted in self defence when the deceased attacked him with a lethal weapon, to wit, a panga and in fact, slashed him on the head.
10. In view of the above, I sentence the accused person to serve 1 year Probation term during which period, he will be supervised by the Probation Officer of his area.
11. It is so ordered.
Dated, signed and delivered in open court this 24th day of November, 2015
HON. W. OKWANY
JUDGE
In the presence of:
Otieno for the State
Kaburi for Moracha for the Accused
Ogega: court clerk