[2021] KEHC 3636 (KLR)
The court determined that, despite the plea agreement and mitigation by the accused, the gravity of the manslaughter offence, the trauma to the victim's family and community, and the risk to the accused's safety if released, necessitated a custodial sentence. The court found that a non-custodial sentence could not...
Source-derived case information.
- Citation
- [2021] KEHC 3636 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Nteere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 61 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- CA Otieno
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Guidelines, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Nteere
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be granted a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the victim impact statement and community sentiment in sentencing.
Ratio Decidendi
The court determined that, despite the plea agreement and mitigation by the accused, the gravity of the manslaughter offence, the trauma to the victim's family and community, and the risk to the accused's safety if released, necessitated a custodial sentence. The court found that a non-custodial sentence could not guarantee the accused's acceptance or safety, and that the objectives of sentencing, including deterrence, retribution, and community protection, required a substantial prison term. Accordingly, the accused was sentenced to ten years' imprisonment, commencing from the date of arrest.
Court Disposition
convicted and sentenced
Orders
- The accused, Paul Nteere, is sentenced to serve a prison term of 10 years commencing from the date of arrest, 18/7/2018.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
HIGH COURT CRIMINAL CASE NO 61 OF 2018
REPUBLIC......................................................................................PROSECUTOR
VERSUS
PAUL NTEERE.......................................................................................ACCUSED
SENTENCE
1. There was a plea agreement dated 28/6/2021 and filled in court on even date, which agreement came before court for adoption, was adopted, followed by a plea of guilt by the accused for the offence of manslaughter and a conviction upon such plea.
2. Pursuant to that plea of guilty having been entered, the court called for a pre-sentencing and a victim impact statement reports to be filed by the probation officer prior to mitigation and sentencing.
3. The pre-sentence report and victim impact report filed on 22/9/2021 reveal that the deceased family as well as the community are extremely bitter, traumatised and object to the accused being given a non- custodial sentence. On the other hand, the accused family is open to having him back home, as they feel he is a hardworking and a good person. What emerges from the two reports is that, the community and the family of the deceased are still very saddened by what happened to their good kin and a teacher to their children. The child to the deceased was not only robbed of his mother, when he was only 3 years old, but also lost his unborn sibling.
4. I have taken into account those reports and the mitigation offered by Mr. Mutuma, on behalf of the accused including the fears expressed by Mr. Maina for the prosecution.
5. Drawing guidance from the objectives of sentencing in Criminal justice system, and being cognizant of the gravity of the offence for which the accused has been convicted and his safety, I find that it one cannot guarantee the acceptance and safety of the accused if granted a non-custodial sentence. I do sentence him to serve a prison term of 10 years to commence from the date he was arrested, being 18/7/2018.
DATED, SIGNED AND DELIVERED AT MERU VIRTUALLY VIA MS TEAMS THIS 30TH DAY OF SEPTEMBER, 2021
PATRICK J.O OTIENO
JUDGE
In presence of
Mr. Maina for the state
Mr. Mutuma for the defence
Patrick J.O Otieno
Judge