[2017] KEHC 5535 (KLR)
The court found that the accused, while disciplining his nephew, used excessive force leading to the child's death and subsequently attempted to conceal the crime. However, considering the accused's youth, the reconciliatory attitude of both families, and the probation officer's recommendation, the court determined...
Source-derived case information.
- Citation
- [2017] KEHC 5535 (KLR)
- Parties
- Applicant: Republic; Defendant: RKK
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 26 of 2016
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to probation
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Probation, Mitigation, Excessive Force
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
RKK
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 Whether the circumstances of the offence and mitigation justify leniency.
Ratio Decidendi
The court found that the accused, while disciplining his nephew, used excessive force leading to the child's death and subsequently attempted to conceal the crime. However, considering the accused's youth, the reconciliatory attitude of both families, and the probation officer's recommendation, the court determined that a non-custodial sentence was appropriate. The court emphasized the importance of rehabilitation over retribution in the circumstances, especially given the familial context and the accused's potential for reform. The sentence imposed was two years probation under supervision, reflecting both the gravity of the offence and the mitigating factors present.
Court Disposition
accused sentenced to probation
Orders
- The accused is sentenced to 2 years probation under the supervision of the probation officer of his area.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.26 OF 2016
REPUBLIC …………………………………………PROSECUTOR
VERSUS
RKK………………………..…….......……………………ACCUSED
SENTENCE
1. The accused herein, RKK, was initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code which charge was, by a plea bargain agreement on 28th March 2017 reduced to a lesser charge of manslaughter. The particulars of the offence were that on 4th September 2016 in Narok County, unlawfully caused the death of AKB. The accused pleaded guilty to the charge and was consequently convicted on his own plea of guilty.
2. The facts of the case were that on 4th September, 2016 accused, who was an uncle to the deceased caned the deceased, as way of disciplining him for having left a sufuria to burn on the fire after he, (the deceased) had prepared a meal.
3. In a bizarre turn of events, the body of the deceased was found inside a dam. The body had visible injuries on the head and a postmortem examination established that the cause of death to be intra cranial bleeding. The deceased was aged 12 years at the time of his death.
4. In mitigation, Mr. Nyagwencha for the accused submitted that he was a young man who was barely out of his teens and was KCPE candidate at the time he committed the offence. Mr. Nyagwencha pleaded for leniency on behalf of the accused.
5. The probation officer in his report filed in court on 26th May, 2017 recommended a non-custodial sentence for the accused.
6. I have considered the circumstances under which the offence was committed, the age of the accused and the recommendations of the probation officer’s report. The accused used excessive force in his bid to discipline the deceased thereby injuring him fatally and in a bid to conceal his crime, decided to dump the body inside a dam. The senseless actions of the accused led to the death of an innocent young boy whose only crime was to forget to remove a sufuria from the fire.
7. The accused and the deceased are relatives and it is apparent from the probation officers report, that the family of the victim and that of the accused have reconciled and are willing to accept him back in their midst.
8. I therefore find that a non-custodial sentence would be a appropriate in this case. In the circumstances, I am of the view that the accused will benefit from a non-custodial sentence.
9. Consequently, I sentence the accused herein to 2 years probation during which period he will be supervised by the probation officer of his area.
Dated, signed and delivered in open court this 29th day of May, 2017
HON. W. OKWANY
JUDGE
In the presence of:
Mr. Otieno for the State
Mr. Bigogo for accused person
Omwoyo -court clerk