[2017] KEHC 6810 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, acted in self-defence after being pursued and confronted by the deceased, who was armed with a stick. The court considered the accused's remorse, youth, reconciliation between the families, and the probation officer's...
Source-derived case information.
- Citation
- [2017] KEHC 6810 (KLR)
- Parties
- Applicant: Republic; Defendant: Samuel Nyakundi Nyang'au
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to probation
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Self Defence, Sentencing Principles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samuel Nyakundi Nyang'au
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea bargain agreement.
- 2 Whether the accused acted in self-defence during the incident.
- 3 What is the appropriate sentence considering the circumstances and mitigation.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, acted in self-defence after being pursued and confronted by the deceased, who was armed with a stick. The court considered the accused's remorse, youth, reconciliation between the families, and the probation officer's recommendation for a non-custodial sentence. The three years already spent in custody were deemed sufficient punishment, and the court concluded that a probationary sentence would serve the interests of justice, rehabilitation, and community harmony. The use of deadly force was acknowledged as excessive but not premeditated, justifying a conviction for manslaughter rather than...
Court Disposition
accused sentenced to probation
Orders
- The accused is sentenced to 2 years probation under supervision of the area probation officer.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.17 OF 2014
REPUBLIC …………………..……………………………………PROSECUTOR
VERSUS
SAMUEL NYAKUNDI NYANG’AU…………...……………………..ACCUSED
SENTENCE
1. Following a plea bargain agreement executed by the accused herein, SAMUEL NYAKUNDI NYANGAU and the state on 15th November 2016, the accused pleaded guilty and was convicted for a lesser charge of manslaughter contrary to Section 202 as read with Section 205 of the Penal Code. It was alleged that on 26th January 2014 at Kiagware Sub-location in Gucha South District within Kisii County, he unlawfully caused the death of SAITOTI NYANGENA.
2. The facts of the case, as explained by Miss Ouko Counsel for the state, were that deceased overheard the accused seducing his (deceased’s) wife by telling her that he (the accused) wanted her to be his wife. This infuriated the deceased who then engaged the accused in a verbal confrontation that saw the accused ran away to his house, but the deceased followed him while armed with a stick and the accused fought back by stabbing the deceased on the head with a metal rod.
3. The deceased later died on the following day on 27th January 2014 and the cause of death was established to be cardio-pulmonary arrest secondary to brain tissue damage due to head injury.
4. In mitigation, Mr. Okenye for the accused submitted that the accused was a young man aged only 30 years, he was remorseful for the offence and had been in custody for over 3 years. The probation officer’s report filed in court on 28th March 2017 indicates that the accused can benefit from a non-custodial sentence in view of the fact that he acted in self-defence at the time he committed the offence and that both the family of the accused and that of the deceased had reconciled and were willing to accept the accused back in their midst.
5. I have considered the circumstances of this case, the probation officer’s report and the fact that the accused has been in custody for over 3 years while awaiting his trial. I note that what began as a casual flirt between the accused and the deceased’s wife infuriated the deceased who argued with the accused before the verbal confrontation snow- balled into a fully fledged physical duel which ended in the deceased pursuing the accused upto to his (accused’s) house while armed with a stick. Feeling cornered, the accused fought back using a metal rod and stubbed the deceased on the head thereby injuring him fatally. It is clear to me that the accused acted in self defence and had no intention of killing the accused.
6. I am satisfied that the over 3 years that the accused has been in custody will serve as a good lesson to him to stick to his own wife and avoid flirting with other men’s wives. The accused used deadly force on the deceased that led to the unfortunate loss of his life.
7. Under the above circumstances and bearing in mind the probation officer’s recommendation, I am of the view that a non-custodial sentence would be appropriate in this case. 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 March, 2017
HON. W. OKWANY
JUDGE
In the presence of:
- Miss Ouko for the State
- Accused in person
- Mr. Kinyosi Probation Officer
- Omwoyo -court clerk