Republic v R B [2017] KEHC 6215 (KLR)
- Citation
- [2017] KEHC 6215 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- AM Cockar
- Case number
- Criminal Case 50 of 2016
- Language
- English
More details
- Court
- High Court
- Panel
- AM Cockar
- Case number
- Criminal Case 50 of 2016
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the accused, a 17-year-old first offender, pleaded guilty to manslaughter following a plea bargain. The court considered her age, the circumstances of the offence, the mitigation advanced, and the Probation Officer's Report, which recommended a non-custodial sentence. The victim's family did not oppose a non-custodial sentence. The accused expressed willingness to serve probation and understood the conditions attached. The court determined that a probation order was appropriate, balancing the interests of justice, rehabilitation, and the unique circumstances of the accused.
Court disposition
Accused sentenced to three years probation.
Orders
- The accused shall serve a probation term of three years under the supervision of a Probation Officer.
- The accused must comply with all conditions set by the Probation Department, including good conduct, avoiding criminal activity, keeping company with persons of good behaviour, and attending guidance and counselling sessions.
- Breach of probation conditions will result in arrest and possible custodial sentence.
02
Material facts
Parties
Republic
ApplicantR B
Respondent Counsel: Mr. OlandoAmounts and remedies
- Probation Term Years: 3
03
Procedural history
Posture
Criminal Trial / Sentencing Ruling
04
Questions and positions
Legal issues
- 01
Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 02
What mitigating factors should influence the sentence imposed on the accused.
Party arguments
- Applicant
- The State treated the accused as a first offender and did not oppose a non-custodial sentence, as reflected in the Probation Officer's Report and the attitude of the victim's family.
- Respondent
- Counsel for the accused urged the court to consider that the offence was not intentional, the accused is 17 years old, has undergone skills training while in custody, and is willing to serve a probation term. The accused's family attributed her actions to emotional distress following the loss of her child.
05
Court’s reasoning
Legal principles
- 01
Section 202 of the Penal Code; Probation of Offenders Act
Sentencing should consider the offender's age, mitigation, and willingness to reform, especially for first offenders and juveniles.
- 02
Probation of Offenders Act
Probation is a lawful non-custodial sentence subject to compliance with court-imposed conditions.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the accused, a 17-year-old first offender, pleaded guilty to manslaughter following a plea bargain. The court considered her age, the circumstances of the offence, the mitigation advanced, and the Probation Officer's Report, which recommended a non-custodial sentence. The victim's family did not oppose a non-custodial sentence. The accused expressed willingness to serve probation and understood the conditions attached. The court determined that a probation order was appropriate, balancing the interests of justice, rehabilitation, and the unique circumstances of the accused.
Obiter and limits
- Probation is not a discharge but a form of sentence with conditions that must be strictly adhered to.
- If the accused breaches probation conditions, she will be brought back to court and may face a custodial sentence.
Court disposition
Accused sentenced to three years probation.
- The accused shall serve a probation term of three years under the supervision of a Probation Officer.
- The accused must comply with all conditions set by the Probation Department, including good conduct, avoiding criminal activity, keeping company with persons of good behaviour, and attending guidance and counselling sessions.
- Breach of probation conditions will result in arrest and possible custodial sentence.
Source and reliance status
High Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HCCRC NO. 50 OF 2016
LESIIT, J
REPUBLIC………………………………………………PROSECUTOR
VERSUS
R B……………………..….......................……………………ACCUSED
RULING ON SENTENCE
1. The accused R B was initially charged with murder contrary to section 203 of the Penal Code. After a successful Plea Bargaining, an Agreement was entered into where the charges against the accused were reduced to manslaughter contrary to section 202 of the Penal Code.
2. I have considered that the accused was arraigned in court on the 21st June, 2016. She has been in custody since then.
3. The State has treated the accused as a first offender.
4. Mr. Olando for the accused has in mitigation on behalf of the accused urged the court to consider:
(i) Since incarceration the accused has undergone skills training and therefore has something to give back to society.
(ii) Offence was not intentional
(iii) That the accused is aged 17 years of age and has a long life ahead of her.
(iv) She is married with one child who has since died but that marriage still exists.
5. I have considered the mitigation given by counsel for the accused. I noted the accused age and therefore called for a Probation Officers Report.
6. The Report was filed and I have considered it. In regard to the offence and the attitude of the victims family I noted that the husband to accused, who was related to the deceased as both were cousins, and the deceased’s aunt both were not opposed to accused being given a non-custodial sentence.
7. On the accused part, I noted from the Report that she stabbed the deceased in the fit of anger when he was trying to coerce her to wash his clothes, and following an exchange which turned physical leading her to feel overpowered.
8. On the side of the accused family they attributed the accused action to the loss of her child which they believe might have affected her negatively; and that due to her quiet nature she never shared her pain with anyone thus piling up emotions. These emotions they believe might have led her to act out of anger.
9. The Probation Officer has recommended a non-custodial sentence.
10. Before giving the Probation order the court has a duty to find out whether the accused would be willing to serve such sentence.
11. The accused has expressed willingness to serve a probation term.
12. The court has explained to the accused that probation terms is a form of sentence and is not a discharge. There are conditions to be met. The conditions were explained which are:
(a) That she must serve under the supervision of a Probation Officer and that she must comply with conditions set by them and instructions given.
(b) That she must be of good conduct and must not commit any offence during the probation period.
(c) She must keep company with persons of good behaviour.
(d) She must attend guidance and counselling sessions to be organized by the Probation Department.
13. The accused is warned that if she breaches any of the above conditions she will be arrested and brought back to this court and the court may pass a non-custodial sentence.
14. The accused will serve a Probation term of 3 years.
DATED AT NAIROBI THIS 27TH DAY OF APRIL, 2017.
LESIIT, J
JUDGE
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