[2019] KEHC 2276 (KLR)
The court found that both accused, a mother and daughter, were responsible for the death of the child, but took into account their repentance, the circumstances of the offence, and the recommendations of the pre-sentence social inquiry report. The judge determined that a custodial sentence was not appropriate given...
Source-derived case information.
- Citation
- [2019] KEHC 2276 (KLR)
- Parties
- Applicant: Republic; Defendant: Purity Mbithe Madaraka; Defendant: Juliet Mutindi Madaraka
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 3 of 2018
- Procedural Posture
- Criminal Trial / Sentencing Ruling
- Outcome
- Both accused placed on probation for three years.
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing, Probation, Penal Code Section 202, Penal Code Section 205
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Purity Mbithe Madaraka
Defendant
Juliet Mutindi Madaraka
Defendant
Procedural Posture
Criminal Trial / Sentencing Ruling
Legal Issues
- 1 Whether the accused persons should be sentenced for manslaughter following a plea bargain agreement.
- 2 What is the appropriate sentence for the accused persons given the circumstances and pre-sentence report.
Ratio Decidendi
The court found that both accused, a mother and daughter, were responsible for the death of the child, but took into account their repentance, the circumstances of the offence, and the recommendations of the pre-sentence social inquiry report. The judge determined that a custodial sentence was not appropriate given their remorse and the need for rehabilitation. Instead, the court exercised its discretion under section 205 of the Penal Code to impose a non-custodial sentence, placing both accused on probation for three years with conditions explained to them. The court emphasized the need for the accused to reconcile with their actions and seek moral guidance, reflecting the rehabilitative...
Court Disposition
Both accused placed on probation for three years.
Orders
- Each accused is placed on probation for three years.
- Probation conditions are explained to the accused.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
HCCR NO. 03 OF 2018
REPUBLIC…………………………….…………………..…PROSECUTION
VERSUS
PURITY MBITHE MADARAKA…………..…………..……1ST ACCUSED
JULIET MUTINDI MADARAKA ………………………….2ND ACCUSED
RULING ON SENTENCE
1. The 1st and 2nd accused herein are mother and daughter respectively. They were initially charged with murder contrary to section 203 as read with section 204 of the Penal Code. The same was reduced to manslaughter contrary to section 202 as read with section 205 after a plea bargain agreement.
2. The victim in this case was a grandchild to A1 and a child to A2. A1 is a woman aged 50 years and should have set a good example to her daughter by discouraging her from taking away the life of innocent SM. Instead of doing that, she participated in the commission of this offence in the name of protecting A2.
3. By her conduct she lost a beautiful granddaughter while A2 lost an innocent beautiful daughter. A detailed social inquiry report was filed, and a clearer picture is given as to what may have led to the commission of this offence. The report shows that both accused have repented and undergone counselling. The husband to A1 should do the same for his role in the matter.
4. I have considered all the circumstances under which the offence was committed together with the pre-sentence report and find that the accused persons did a foolish thing. They need time to reconcile themselves with God and know what He expects of them. They are hereby each placed on probation for three (3) years. The probation conditions are explained to them.
Orders accordingly.
Delivered, signed & dated this 14th day of November 2019, in open Court at Makueni.
..................................
Hon. H. I. Ong’udi
Judge