[2016] KEHC 4943 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to have mitigating circumstances considered in sentencing. The court accepted that the accused acted in self-defence during a domestic altercation, and that she had already spent over two years in custody...
Source-derived case information.
- Citation
- [2016] KEHC 4943 (KLR)
- Parties
- Applicant: Republic; Defendant: Pauline Chepkemoi Kobiro
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 105 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused 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
Pauline Chepkemoi Kobiro
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea agreement.
- 2 Whether the circumstances justified a non-custodial sentence.
- 3 Whether self-defence was a mitigating factor in sentencing.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to have mitigating circumstances considered in sentencing. The court accepted that the accused acted in self-defence during a domestic altercation, and that she had already spent over two years in custody awaiting trial. The probation report recommended a non-custodial sentence, and the court determined that further incarceration was unnecessary. Accordingly, the accused was sentenced to one year probation under supervision, with the period already spent in custody deemed sufficient punishment and deterrence.
Court Disposition
accused convicted of manslaughter and sentenced to one year probation
Orders
- The accused is sentenced to one year probation under supervision of the probation officer of her area.
- The period already spent in custody is deemed sufficient punishment.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 105 OF 2013
REPUBLIC…………………………..PROSECUTOR
VERSUS
PAULINE CHEPKEMOI KOBIRO……….ACCUSED
SENTENCE
The accused herein PAULINE CHEPKEMOI KOBIROwas initially charged the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. By a plea bargain agreement made on 10th March, 2016 between the accused and the state, the said charge was reduced to a lesser charge of manslaughter contrary to Section 202 as read with Section 204 of the Penal Code.
It is alleged that on 30th September, 2013 at Chebungei village, Mogor Location in Transmara East District within Narok County, she unlawfully caused the death of DAVID KIMELI MUTAI.
The accused pleaded guilty to the charge of manslaughter and was consequently convicted on her own plea of guilty.
The brief facts of the case as stated by the prosecution were that the accused and the deceased were husband and wife. The two engaged in a physical duel due to a domestic row that led to the accused stabbing the deceased with a kitchen knife thereby wounding him fatally
In mitigation, Mr. Momanyi for the accused submitted that she was a fairly young lady aged 45 years and had young children to take care of following the unfortunate death of her husband. Mr. Momanyi pleaded for leniency on behalf of the accused in view of the fact that she was a first offender.
I have considered the disturbing circumstances that led to the death of the deceased and the fact that the accused acted in self defence when she was attacked by the deceased using the same kitchen knife that she eventually grabbed from him and used to stab him. In effect, the deceased can be said to have fallen on his own sword in this case. Be that as it may, this court frowns upon violent confrontations and opines that they should be avoided at all costs.
I note that the probation officers report field on 30th march, 2016 favours a non-custodial sentence for the accused who has been in custody for over 2 years while awaiting her trial. I am convinced that the over 2 years period that the accused has been in custody will serve as adequate lesson to her to steer clear from violent confrontations.
Consequently, I hereby sentence the accused to 1 year probation during which period she will be supervised by the probation officer of her area.
Delivered, dated and signed in at Kisii on 9th day of May, 2016.
W.A. OKWANY
JUDGE
In the presence of:
Otieno for the State
Magara for Momanyi for the Accused
Omwoyo court clerk