[2015] KEHC 4926 (KLR)
The court considered the accused's plea of guilty to manslaughter following a plea bargain, the absence of injuries to the accused, the negative social inquiry report, the accused's misrepresentation in mitigation, and the period already spent in custody. The court found that a custodial sentence was warranted and...
Source-derived case information.
- Citation
- [2015] KEHC 4926 (KLR)
- Parties
- Applicant: Republic; Defendant: Peter Kimani Njogu
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case15 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
- Outcome
- The accused is sentenced to three years imprisonment for manslaughter.
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Kimani Njogu
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
Legal Issues
- 1 What is the appropriate sentence for the accused who pleaded guilty to manslaughter after plea bargaining.
- 2 How should the court weigh the social inquiry report and mitigation in determining sentence.
Ratio Decidendi
The court considered the accused's plea of guilty to manslaughter following a plea bargain, the absence of injuries to the accused, the negative social inquiry report, the accused's misrepresentation in mitigation, and the period already spent in custody. The court found that a custodial sentence was warranted and determined that a three-year prison term was appropriate in the circumstances.
Court Disposition
The accused is sentenced to three years imprisonment for manslaughter.
Orders
- The accused shall serve a prison sentence of three years.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
CRIMINAL CASE NO.15 OF 2013
REPUBLIC.....................................................................PROSECUTOR
VERSUS
PETER KIMANI NJOGU.........................................................ACCUSED
RULING ON SENTENCE
1. The accused who was initially charged with murder, pleaded guilty to the less offence of Manslaughter after plea bargaining.
2. The circumstances leading to the offence are clear from the facts. The accused was not injured at all.
3. The social inquiry report filed herein shows that the deceased's family was not traced for interview.
4. The area Chief when interviewed explained what he knows about the accused and how the community views him. The report is not good.
5. I have also noted from the social inquiry report that the accused who is aged thirty-eight (38) years is unmarried. He had claimed in Mitigation to be married with two children which is a lie. He has been in custody since 2nd April, 2013 which is two (2) years plus one (1) month.
6. After taking into account all these things I find a prison sentence of three (3) years to be appropriate.
Orders accordingly.
Dated, signed and delivered in open court this 14th day of May, 2015.
H.I.ONG'UDI
JUDGE
In the presence of
M/s Mwangi for State
Mr. Orina for Accused-absent
Accused-Present
Kipyegon- court assistant
Interpretation- English/Kiswahili