[2015] KEHC 1937 (KLR)
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to have her mitigation considered. The court weighed the excessive force used and the breakdown of family relations against the fact that the accused was a first offender, had shown remorse, and had four young...
Source-derived case information.
- Citation
- [2015] KEHC 1937 (KLR)
- Parties
- Applicant: Republic; Defendant: Sarah Kerubo
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2013
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to two years non-custodial sentence under probation supervision
- Judges
- WA Okwany
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Probation, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Sarah Kerubo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and mitigation presented.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter under a plea bargain, was entitled to have her mitigation considered. The court weighed the excessive force used and the breakdown of family relations against the fact that the accused was a first offender, had shown remorse, and had four young children dependent on her. The probation officer's report supported a non-custodial sentence, and the court determined that a custodial sentence would unduly punish the children. Therefore, the court sentenced the accused to a two-year non-custodial sentence under probation supervision, balancing the need for punishment with the welfare of the children and the accused's...
Court Disposition
accused sentenced to two years non-custodial sentence under probation supervision
Orders
- The accused is sentenced to two years non-custodial sentence under the supervision of the Probation Officer of her area.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 04 OF 2013
REPUBLIC ………………………………………….……………...PROSECUTOR
VERSUS
SARAH KERUBO…………..…………….….…………………………..ACCUSED
SENTENCE
The accused person herein SARAH KERUBO, was initially charged with the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code.
By a plea bargain agreement entered into on the 16th July 2015 between the accused person and the state, the said charge was reduced to manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
The particulars of the charge were that on 13th January 2013 at Olmotonyi area in Transmara District within Narok County in the Republic of Kenya unlawfully caused the death of DANIEL NYAMBOGA.
The accused person pleaded guilty to the said charge and was consequently convicted on his own plea of guilty.
The facts leading to the commission of the offence pleaded to were that on 13th January 2013, the deceased and the accused, who were husband and wife engaged in a quarrel that degenerated into a physical confrontation in which the accused took a panga and cut the deceased on the head, legs and hand thereby injuring him fatally.
A post mortem examination conducted on the body of the deceased determined the cause of death to be severe head injury due to assault.
In mitigation, Miss. Sagwa, counsel for the accused submitted that the accused was remorseful and sought for leniency as she had 4 young children to take care of.
The probation officer in his pre-sentence and victim impact report, recommended a non-custodial sentence for the accused to enable her take care of her children who are in her absence, under the care of the accused’s elderly parents. The probation officer noted that the victim’s family was still a bitter lot but that could not hinder the accused’s release because, she would upon her release, go back to her parent’s home which is very far from her matrimonial home.
I have taken into account the circumstances under which the accused killed her own husband. The excessive force used by the accused was not justifiable and can be attributed to the total breakdown in family values and lack of respect for human life. I however note that the accused has 4 young children to care for.
Accordingly I sentence the accused person herein SARAH KERUBO to two (2) years non-custodial sentence during which period, he will be supervised by the Probation Officer of her area.
It is so ordered.
Signed, Dated and Delivered on this 26th day of October, 2015.
HON. W. A. OKWANY
JUDGE
In the Presence of:
Mr. Boiyon for the State
Mr. Kaburi for Sagwe for the Accused
Omuga:
court clerk