[2022] KEHC 17277 (KLR)
The court found that, despite the accused being the sole breadwinner and having spent time in custody, the circumstances of the offence—causing the death of his own brother—and the negative pre-sentencing report regarding family tensions did not favour a non-custodial sentence. The court therefore imposed a...
Source-derived case information.
- Citation
- [2022] KEHC 17277 (KLR)
- Parties
- Applicant: Republic; Defendant: Charles Kemosi Sabuni
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E022 of 2021
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to four years imprisonment
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Charles Kemosi Sabuni
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for causing the death of his brother.
- 2 What factors should influence the length and nature of the sentence imposed.
Ratio Decidendi
The court found that, despite the accused being the sole breadwinner and having spent time in custody, the circumstances of the offence—causing the death of his own brother—and the negative pre-sentencing report regarding family tensions did not favour a non-custodial sentence. The court therefore imposed a custodial sentence of four years' imprisonment, with the sentence to run from the date of first court appearance, balancing the interests of justice, the seriousness of the offence, and the mitigating factors presented.
Court Disposition
accused sentenced to four years imprisonment
Orders
- The accused is sentenced to four (4) years imprisonment.
- The sentence shall run from September 6, 2021, the date of first court appearance.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Sabuni (Criminal Case E022 of 2021) [2022] KEHC 17277 (KLR) (15 December 2022) (Sentence)
Neutral citation: [2022] KEHC 17277 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Case E022 of 2021
WA Okwany, J
December 15, 2022
Between
Republic
Prosecutor
and
Charles Kemosi Sabuni
Accused
Sentence
1. I have considered the mitigation tendered by Counsel for the accused together with the Probation Officer’s Pre-sentencing Report filed on December 5, 2022. The report reveals that the accused is the sole breadwinner of his family comprising of at least four school-going children.
2. The accused caused the death of his own brother following a scuffle. I note that the accused has been in custody since his arrest as he awaited his trial. I also note that the Pre-sentence Report does not favour a non-custodial sentence owing to the tension in the accused’s family circles.
3. In the circumstances, I sentence the accused to four (4) years imprisonment. The sentence period shall run from the date of his first court appearance being September 6, 2021.
4. Right of appeal against sentence within 14 days from today’s date.
DATED, SIGNED AND DELIVERED AT NYAMIRA THIS 15THDAY OF DECEMBER 2022. W. A. OKWANYJUDGEIn the presence of:Mr. Bwonwong’a for the AccusedMr. Majale for the StateAnita – Court Assistant