[2018] KEHC 3574 (KLR)
The court found that the accused was a first offender, remorseful, and had a positive pre-sentence report. The circumstances indicated that the deceased was the initial aggressor, having called the accused to the scene and attacked her with a panga, causing injury to the accused. The court accepted that the accused...
Source-derived case information.
- Citation
- [2018] KEHC 3574 (KLR)
- Parties
- Applicant: Republic; Defendant: Pauline Kendi Kailikia
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 42 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to probation
- Judges
- A Mabeya
- Legal Topics
- Sentencing Principles, Mitigation, Self Defence, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Pauline Kendi Kailikia
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused's mitigation and circumstances warrant a lenient sentence.
- 2 Whether the accused acted in self-defence during the commission of the offence.
- 3 What is the appropriate sentence considering the pre-sentence report and judiciary sentencing principles.
Ratio Decidendi
The court found that the accused was a first offender, remorseful, and had a positive pre-sentence report. The circumstances indicated that the deceased was the initial aggressor, having called the accused to the scene and attacked her with a panga, causing injury to the accused. The court accepted that the accused may have been acting in self-defence. Taking into account the mitigation, the pre-sentence report, and the judiciary sentencing principles, the court determined that a custodial sentence was not appropriate. Instead, the accused was sentenced to six months probation under the supervision of the Probation Officer, Tigania.
Court Disposition
accused sentenced to probation
Orders
- The accused is sentenced to six (6) months probation under the Probation Officer, Tigania.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HC CRIMINAL CASE NO 42 OF 2018
REPUBLIC ...........................................................................PROSECUTOR
VERSUS
PAULINE KENDI KAILIKIA .................................................. ACCUSED
RULING ON SENTENCE
1. I have considered the mitigation made on behalf of the accused. That she is remorseful and a first offender. A mother of 5 children.
2. I have also considered the Pre- Sentence Report on record that is positive of the accused. I have noted the sentiments of the victims therein.
3. However, I have carefully considered the circumstances under which the offence occurred. That the deceased called the accused to the place of the incident and that it is the deceased who first attacked the accused. That the deceased was armed with a panga and actually injured the accused. That the accused may have been acting in self-defence.
4. Taking into consideration all the foregoing and the judiciary sentencing principles. I sentence the accused to six (6) months probation under the Probation Officer, Tigania.
A. MABEYA
JUDGE
03/10/18
In the presence of: -
Court Assistance - Boniface
Mr. Gitonga for state
Mr. Ojiambo for Accused
Accused present