[2010] KEHC 442 (KLR)
The court found that the accused, Rose Atieno Otieno, unlawfully caused the death of her daughter by inflicting a fatal blow during a quarrel, which constituted manslaughter under the Penal Code. In determining the sentence, the court considered the accused's remorse, time spent in custody, lack of intent to kill,...
Source-derived case information.
- Citation
- [2010] KEHC 442 (KLR)
- Parties
- Applicant: Republic; Defendant: Rose Atieno Otieno
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2009
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Culpable Homicide
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rose Atieno Otieno
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused's actions constituted manslaughter under the Penal Code.
- 2 What is the appropriate sentence for the offence of manslaughter in the circumstances of this case.
Ratio Decidendi
The court found that the accused, Rose Atieno Otieno, unlawfully caused the death of her daughter by inflicting a fatal blow during a quarrel, which constituted manslaughter under the Penal Code. In determining the sentence, the court considered the accused's remorse, time spent in custody, lack of intent to kill, and her status as a first offender. However, the court emphasized that sentences for manslaughter must be commensurate with the gravity of the offence, especially where the acts are wanton and deliberate, even if not intended to kill. The court concluded that a custodial sentence was necessary to reflect the value of human life and deter similar conduct, and imposed a sentence...
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to three years imprisonment.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CRIMINAL CASE NO. 17 OF 2009
REPUBLIC ……………………….........................................................................................................…………………….. PROSECUTOR
VERSUS
ROSE ATIENO OTIENO ………………………...........................................................................................................………….. ACCUSED
SENTENCE
The accused, Rose Atieno Otieno, pleaded guilty to and was convicted of the offence of Manslaughter on 28th July, 2010. Manslaughter is a felony under Section 202 as read with Section 205 of the Penal Code. It is defined as the doing of an act or omission that unlawfully causes the death of another person.
The particulars of the offence of manslaughter were that the accused hit the deceased, Lois Akoth, her own daughter, on the head with a piece of wood as a result of which she suffered injury that turned fatal. The deceased was aged 18 years. The accused picked a quarrel with the deceased with whom she had frequently quarreled. The deceased had had a baby boy 3 years before and lived with the accused who was unhappy with her ostensibly because she feared that the deceased might conceive again.
On 16th March, 2009, the Accused locked the deceased in the house and began beating her up. It is then that she inflicted the fatal blow.
The accused was charged with the offence of murder initially which was reduced to manslaughter.
In mitigation, the accused through her advocate, Mr. Motanya, pleaded that she had been in custody for one year and that she is remorseful. She is aged 34 years. She is married with three children who are teenagers. Mr. Motanya told the court in mitigation that the accused was trying to discipline the deceased but did not intend to kill her. She is a first offender.
I have given due consideration to the mitigation and the circumstances in which the offence was committed. It is regrettable that the accused saw as a panacea the thrashing of the deceased to stop her from bringing home babies born out of wedlock and thus increasing the accused’s economic burden of raising the family. Educating her as to the need to take precautions was what she should have done. She seems to have been under great pressure which found expression in her frequent quarrels with and beatings of the deceased. It is likely that the death of the deceased, her own daughter, will gnaw her conscience for the rest of her life. It is also likely to have adversely affected the family especially the deceased’s siblings. The deceased needs to pay for her crime. But will a long custodial sentence be the most appropriate?
After weighing one thing with another, and having considered the mitigation and all the circumstances of the case, I have come to the conclusion that the court would be sending a bad message if, in manslaughter cases where the acts or omissions resulting in a victim’s death are not accidental but rather wanton and deliberate, albeit not coupled with intent to kill, the court were to fail to mete out a sentence that is commensurate to the gravity of the offence. Human life is precious and sentences must reflect the preciousness. I consider a sentence of 3 years appropriate.
The accused is sentenced to three years imprisonment.
DATED at KERICHO this 1st day of November, 2010
G.B.M. KARIUKI,sc
RESIDENT JUDGE
COUNSEL APPEARING
Mr. P. Kiprop State Counsel for the Republic
Mr. Motanya for the accused