[2018] KEHC 5801 (KLR)
The court accepted the plea bargain between the accused and the prosecution, allowing the accused to plead guilty to the lesser charge of manslaughter. In determining the sentence, the court considered the Victim Impact Statement, the period the accused had already spent in remand custody, and the circumstances of...
Source-derived case information.
- Citation
- [2018] KEHC 5801 (KLR)
- Parties
- Respondent: Republic; Defendant: Peter Ntongai
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 23 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 10 years imprisonment for manslaughter, sentence to run from 9th May 2016
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Peter Ntongai
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter following a plea bargain agreement.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court accepted the plea bargain between the accused and the prosecution, allowing the accused to plead guilty to the lesser charge of manslaughter. In determining the sentence, the court considered the Victim Impact Statement, the period the accused had already spent in remand custody, and the circumstances of the offence. The court found that a custodial sentence was appropriate and sentenced the accused to 10 years imprisonment, effective from the date of arraignment and remand. The right of appeal within 14 days was explained to the accused.
Court Disposition
accused sentenced to 10 years imprisonment for manslaughter, sentence to run from 9th May 2016
Orders
- The accused is sentenced to serve 10 years imprisonment with effect from 9th May 2016.
- Right of appeal explained; appeal to be filed within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO.23 OF 2016
REPUBLIC ............................................................PROSECUTOR
VS
PETER NTONGAI.........................................................ACCUSED
SENTENCING
27. 6.18
Before Adwera –Ong’injo J
Penina – C/A
Mr Kiarie for state
Mr Kibiti Advocate for accused
Accused Present in person.
Court
Victim Impact Statement seen and noted.
Inconsideration that accused person bargained to plead guilty to lesser Charge of manslaughter and prosecution accepted his plea and inconsideration of the information in Victim Impact Statement this court sentences accused person to serve 10 years imprisonment with effect from 9th May 2016 when he was arraigned in court and placed in remand custody.
Right of Appeal in 14 days.
HON. A.ONG’INJO
JUDGE
27. 6.18