[2014] KEHC 1019 (KLR)
The court found that the accused, having been convicted of manslaughter, was responsible for the needless loss of life through a violent and disproportionate reaction to his wife's conduct. The court considered the probation report, which depicted the accused as having a violent disposition and a history of strained...
Source-derived case information.
- Citation
- [2014] KEHC 1019 (KLR)
- Parties
- Applicant: Republic; Respondent: Peter Nyongesa Makokha
- Court
- High Court
- Court Station
- High Court at Busia
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2012
- Procedural Posture
- Criminal Law / Sentencing
- Outcome
- The accused is sentenced to five years' imprisonment effective from 16th October 2012.
- Judges
- F Tuiyott
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Violent Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Nyongesa Makokha
Respondent
Procedural Posture
Criminal Law / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
- 2 Whether the accused's health condition and time spent in remand should mitigate the sentence imposed.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter, was responsible for the needless loss of life through a violent and disproportionate reaction to his wife's conduct. The court considered the probation report, which depicted the accused as having a violent disposition and a history of strained community relations, as well as the mitigation advanced regarding his poor health and time spent in remand. The court determined that a non-custodial sentence would not be appropriate given the gravity of the offence and the accused's violent tendencies. However, the court acknowledged the accused's deteriorating health and the period already spent in remand, and thus imposed...
Court Disposition
The accused is sentenced to five years' imprisonment effective from 16th October 2012.
Orders
- The accused shall serve a prison term of five years with effect from 16th October 2012.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUSIA
HCR NO. 17 OF 2012
REPUBLIC…………………................................…………APPLICANT
VERSUS
PETER NYONGESA MAKOKHA………………….…RESPONDENT
SENTENCE
1. The Accused has been convicted of the offence of manslaughter contrary to section 202 of the Penal Code as read with section 205 of the Penal Code. It is now time for this Court to pass sentence. Before doing so I requested the Probation Officer to prepare a social inquiry report of the Accused that could help the Court arrive at an appropriate sentence. That report was filed on 3rd December 2014.
2. The report paints the Accused as a person with a violent past and struggling with an alcohol problem. And that although he relates well with his family members, his relationship with his immediate neighbours and other members of the community was strained due to his violent tendencies.
3. The circumstances of the incident that led to the death of his wife are that the Accused had sent her to grind floor at a local posho mill. She returned home 12 hours later at 11. 00 p.m. while drunk with neither the maize itself nor the maize floor. This infuriated the Accused who turned on her and hit her using a stick. An effort by their son to intervene was unsuccessful. A fight appears to have taken place again later in the night which led to the death of the Deceased.
4. In mitigation. The Court was urged to be lenient as the Accused was sickly and has been in remand since 14th October 2012. The Accused was also remorseful.
5. This Court has considered the Probation Report, the mitigation and the circumstances of the offence. A life has been lost needlessly in the hands of the Accused who appears to be a man of violent disposition. His reaction to a lapse by his wife was barbaric and out of proportion. The Accused should not be allowed to get away too easily. A non-custodial sentence would therefore not be appropriate. Yet this Court cannot overlook that the Accused is suffering from poor health and with each Court appearance one notices deterioration.
6. The court now imposes a prison term of five (5) years with effect from 16th October 2012 when the Accused first appeared before Court in respect to this offence.
F. TUIYOTT
JUDGE
DATED, DELIVERED AND SIGNED AT BUSIA THIS 4TH DAY OF DECEMBER 2014.
IN THE PRESENCE OF:
KADENYI ………………………………………...........COURT CLERK
OWITI………………………………………………………FOR STATE
JUMBA H/B FOR OTANGA FOR ACCUSED