[2021] KEHC 5875 (KLR)
The court, having adopted the plea agreement and entered a plea of guilty for manslaughter, considered the pre-sentence report which indicated that the accused, as a stepson to the deceased, was viewed as an outsider and faced threats of retaliation from the deceased's family if released. The court also considered...
Source-derived case information.
- Citation
- [2021] KEHC 5875 (KLR)
- Parties
- Applicant: Republic; Defendant: Samwel Kimathi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 21 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- CA Otieno
- Legal Topics
- Manslaughter, Plea Agreement, Sentencing Principles, Pre Sentence Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Samwel Kimathi
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the plea agreement and plea of guilty warrant a conviction for manslaughter.
- 2 What is the appropriate sentence for the accused given the circumstances and pre-sentence report.
- 3 How should the court balance the gravity of the offence, mitigation, and safety concerns for the accused.
Ratio Decidendi
The court, having adopted the plea agreement and entered a plea of guilty for manslaughter, considered the pre-sentence report which indicated that the accused, as a stepson to the deceased, was viewed as an outsider and faced threats of retaliation from the deceased's family if released. The court also considered the mitigation that the accused was previously the sole breadwinner, but noted that his wife had since left him. Balancing the gravity of the offence, the risk to the accused's safety, and the objectives of sentencing in the criminal justice system, the court determined that a custodial sentence was necessary. Accordingly, a prison term of 20 years was imposed, to commence from...
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 20 years imprisonment for manslaughter, to commence from the date of arrest, 3/4/2020.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL CASE NO. 21 OF 2020
REPUBLIC..............................................................PROSECUTOR
VERSUS
SAMWEL KIMATHI.....................................................ACCUSED
SENTENCE
1. There was a plea agreement dated 21/11/2019 and filled in court on 10/3/2021 which agreement came before court for adoption and upon adoption a plea of guilt was entered against the accused for the offence of manslaughter.
2. Pursuant to that plea of guilty having been entered the court directed that a pre-sentencing report be filed by the probation officer prior to mitigation and sentencing.
3. The pre-sentence report was filed on 11/6/2021 but dated 07/12/2020. My reading of the report reveal that the accused stepson to the deceased is considered an outsider to the family of the deceased, who killed the deceased in order to inherit his property and the immediate family members have threatened retaliation if he is released to the community by an open sentence.
4. I have taken into account that report and the mitigation offered by Miss Thuo advocate, on behalf of the record including the fact that he was the sole bread winner of a young family, but also noted that the accused’s wife has since deserted and is reported to be married elsewhere.
5. In those circumstances and being aware of the objection of sentencing in Criminal justice system being cognizant of the gravity of the offence for which the accused has been convicted and the safety of the accused person I do impose a prison sentence of 20 years to commence from the date he was arrested being 3/4/2020.
Dated, signed and delivered at Meru Virtually by Ms teams this 22nd day of June 2021.
Patrick J O Otieno
Judge