[2012] KEHC 3001 (KLR)
The court found that despite the accused's youth and status as a first offender, the probation report indicated a pattern of violent behaviour and lack of remorse, making a non-custodial sentence inappropriate. The court weighed the mitigating and aggravating factors, including the accused's use of dangerous weapons...
Source-derived case information.
- Citation
- [2012] KEHC 3001 (KLR)
- Parties
- Applicant: Republic; Defendant: Rufus Kisang
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2011
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea of Guilty to Manslaughter
- Outcome
- Accused sentenced to five years' imprisonment.
- Judges
- A Mshila
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Rufus Kisang
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea of Guilty to Manslaughter
Legal Issues
- 1 What is the appropriate sentence for the accused who pleaded guilty to manslaughter.
- 2 Should the accused be granted a non-custodial sentence given the probation report and mitigation.
Ratio Decidendi
The court found that despite the accused's youth and status as a first offender, the probation report indicated a pattern of violent behaviour and lack of remorse, making a non-custodial sentence inappropriate. The court weighed the mitigating and aggravating factors, including the accused's use of dangerous weapons and community hostility, and determined that a custodial sentence of five years' imprisonment was warranted to reflect the seriousness of the offence and protect the public.
Court Disposition
Accused sentenced to five years' imprisonment.
Orders
- The accused is sentenced to five years' imprisonment from today's date.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT ELDORET
Criminal Case 34 of 2011
REPUBLIC ……...….…………………………..…..………. PROSECUTOR
VERSUS
RUFUS KISANG ……..………..………………………………… ACCUSED
RULING ON SENTENCE
The Accused entered a plea of guilty for a lesser charge of Manslaughter. The State Counsel proceeded to read the facts and the Accused stated that the facts were correct where-upon the Accused was convicted on his own plea of guilty.
In mitigation the Accused sought leniency and a non-custodial sentence. He pleaded that he was remorseful and was aged 24 years of age, married with a young child of two (2) years.
The Court then called for a Probation Officer’s Report which has been tendered to Court today the 3/07/2012.
The Report does not favour the Accused person.
He has since separated from his wife. He is said to be a very violent person, fond of expressing his anger by attacking people with arrows even upon the slightest provocation. Even his own father has been attacked by the Accused. The community is still very hostile towards the Accused and his life endangered.
The Report does not recommend a non-custodial sentence.
The Court must now proceed to consider the appropriate sentence. In considering a proper sentence – the Court has considered the crime committed by the Accused, the choice of weapon and matters in favour of the Accused.
The factors that favour the Accused are his age and that he is a first offender.
The factors that are against the Accused is that he does not appear to be remorseful and his weapons of choice are the same arrows that he used when he committed the offence herein.
Having considered the above, I hereby sentence the Accused to (5) five years imprisonment from today’s date.
It is so ordered.
Dated and delivered at Eldoret this 3rd day of July 2012.
A. MSHILA
JUDGE
Coram:
Before: Hon. Mshila J
CC: Andrew
Counsel for State: Mr. Kabaka
Counsel for Accused: Mr. Miyienda.
A. MSHILA
JUDGE