[2018] KEHC 5506 (KLR)
The court found that, despite the accused being a first offender, young, and expressing remorse, the deliberate act of strangulation resulting in the death of an intimate partner warranted a custodial sentence. The court considered the mitigating factors but held that the seriousness of the offence and the need to...
Source-derived case information.
- Citation
- [2018] KEHC 5506 (KLR)
- Parties
- Applicant: Republic; Defendant: Paul Otongo Onderi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to seven years imprisonment for manslaughter
- Legal Topics
- Manslaughter, Sentencing Principles, Plea Bargain, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Paul Otongo Onderi
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused who pleaded guilty to manslaughter under a plea bargain.
- 2 How should the court balance the mitigating factors against the gravity of the offence.
Ratio Decidendi
The court found that, despite the accused being a first offender, young, and expressing remorse, the deliberate act of strangulation resulting in the death of an intimate partner warranted a custodial sentence. The court considered the mitigating factors but held that the seriousness of the offence and the need to express societal disapproval of such acts outweighed the mitigation. Consequently, the court imposed a sentence of seven years imprisonment for manslaughter under Section 205 of the Penal Code.
Court Disposition
accused sentenced to seven years imprisonment for manslaughter
Orders
- The accused, Paul Otongo Onderi, is sentenced to seven (7) years imprisonment for the unlawful killing of Gladys Chepketer Kemunto.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 24 OF 2018
REPUBLIC..............................PROSECUTOR
VERSUS
PAUL OTONGO ONDERI............ACCUSED
RULING ON SENTENCE
The accused, PAUL OTONGO ONDERI, has pleaded guilty to the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code (Chapter 63 of the Laws of Kenya) after a plea bargain. The circumstances of the case were that the accused assaulted the deceased, GLADYS CHEPKETER KEMUNTO and then strangled her on 16th May 2018 at Botire Village, Mokubo Sub-location, Kenyenya Sub-County of Kisii County. Investigations revealed that this was due to alleged infidelity by the deceased.
I am now called upon to impose an appropriate sentence. The record shows that the accused is a first offender and that the incident arose out of a fight that took a wrong turn. The accused is young and expresses remorse. He attempted suicide before he was saved by his relatives. On the other hand, the court cannot ignore that the life of an intimate partner was taken away by a deliberate act of strangulation. The court must express its disapproval of such an act by imposing a custodial sentence.
I accordingly sentence, PAUL OTONGO ONDERI to seven (7) years imprisonment for the unlawful killing of GLADYS CHEPKETER KEMUNTO.
Sentence read and delivered in open Court this 11th July 2018.
D.S Majanja
Judge
Mr. Otieno, Prosecution Counsel, instructed by Office of Director of Prosecutions
Mr. Okenye, Advocate for the Accused