[2020] KEHC 2257 (KLR)
The court, after considering the accused's plea of guilty to manslaughter, his status as a first offender, his age, lack of formal education, support for his ailing mother, and the ongoing reconciliation process, found that these mitigating factors were significant. However, the court determined that the accused was...
Source-derived case information.
- Citation
- [2020] KEHC 2257 (KLR)
- Parties
- Respondent: Republic; Defendant: Samuel Kenini Keiwua
- Court
- High Court
- Court Station
- High Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 40 of 2017
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, First Offender, Reconciliation Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Samuel Kenini Keiwua
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter on his own plea of guilty.
- 2 Whether the mitigating factors warrant a non-custodial sentence.
Ratio Decidendi
The court, after considering the accused's plea of guilty to manslaughter, his status as a first offender, his age, lack of formal education, support for his ailing mother, and the ongoing reconciliation process, found that these mitigating factors were significant. However, the court determined that the accused was not suitable for a non-custodial sentence, given the gravity of the offence. Consequently, the court imposed a custodial sentence of four years' imprisonment, balancing the need for punishment with the mitigating circumstances presented.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to four years’ imprisonment.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAROK
CRIMINAL CASE NO. 40 OF 2017
REPUBLIC..................................................................................PROSECUTOR
VERSUS
SAMUEL KENINI KEIWUA............................................................ACCUSED
JUDGEMENT ON SENTENCE
1. The accused was convicted on his own plea of guilty to manslaughter.
2. The issue before me is one of assessing the appropriate sentence.
3. Mr. Kilele, counsel for the accused urged the following matters in mitigation. Accused is 20 years old. He is herdsman for the family livestock with no formal education. He is 1st offender and is remorseful.
4. This offence was committed over a fight over grazing rights and the fight took place on the land of the accused. The fighting involved members of the deceased and that of the accused.
5. Furthermore, the accused supports his ailing mother, who has psychiatric challenges. Mr. Kilele urged the court to take into account that there is an on-going process of reconciliation, which has been initiated by the family of the accused. This process will take up to 3 years. Accused has been on bail since 2017.
6. Ms. Torosi, counsel for the Republic informed the court that the accused is a first offender. She confirmed that that there is an on-going process of reconciliation
7. I have considered the probation officer’s report, which is very favourable to the accused.
8. After taking into account the mitigating and aggravating factors, I do not find that the accused is not suitable for a non-custodial sentence.
9. The upshot is that the accused is hereby sentenced to four years’ imprisonment.
Judgment signed, dated and delivered at Narok this 28th day of October, 2020 in the presence of Ms. Torosi for the Republic and Mr. Tanyasis holding brief for Mr. Kilele for the accused.
J. M. BWONWONG’A.
J U D G E
28/10/2020