[2020] KEHC 4593 (KLR)
The court found that the accused, having been convicted of manslaughter for killing his elder brother while intoxicated, had a violent character and a history of drug abuse and theft. The pre-sentencing report was unfavorable, indicating the need for rehabilitation. The court considered the period already spent in...
Source-derived case information.
- Citation
- [2020] KEHC 4593 (KLR)
- Parties
- Respondent: Republic; Defendant: Shadrack Kyalo Ndambuki
- Court
- High Court
- Court Station
- High Court at Makueni
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 94 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted and sentenced
- Legal Topics
- Manslaughter, Sentencing, Penal Code Offences, Pre Sentence Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Shadrack Kyalo Ndambuki
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced for manslaughter under section 202 as read with section 205 of the Penal Code.
- 2 What is the appropriate sentence considering the circumstances, pre-sentencing report, and time already spent in custody.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter for killing his elder brother while intoxicated, had a violent character and a history of drug abuse and theft. The pre-sentencing report was unfavorable, indicating the need for rehabilitation. The court considered the period already spent in custody (four years and two months) and the circumstances of the offence. Balancing these factors, the court determined that a custodial sentence of five years imprisonment was appropriate to serve both punitive and rehabilitative purposes.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to five (5) years imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MAKUENI
HIGH COURT CRIMINAL CASE NO. 94 OF 2017
(FORMERLY MACHAKOS HCCRC 19 OF 2016)
REPUBLIC................................................................................PROSECUTION
-VERSUS-
SHADRACK KYALO NDAMBUKI..................................................ACCUSED
RULING ON SENTENCE
1. Shadrack Kyalo Ndambuki the accused herein was initially charged with murder contrary to section 203 as read with section 204 of the Penal Code. He was finally found guilty and convicted of manslaughter contrary to section 202 as read with section 205 of the Penal Code.
2. The court called for a pre-sentencing report which has been filed. It is not a favorable report. Both the family and community have explained the need for rehabilitation of the accused. Prior to his arrest he was involved heavily in drug abuse, and he used to steal. He has a previous conviction for theft.
3. Basically, reports by the administration including the area chief, OCS Mavoko and Kavumbu police post on the accused reveal a person with a violent character. He needs rehabilitation.
4. The deceased was the accused’s elder brother whom he brutally killed. It is however acknowledged that he was drunk at the time.
5. The accused was first arraigned in court on 18th April 2016. He has therefore been in prison custody for four (4) years and two (2) months.
6. I have therefore considered the circumstances of the case, the period spent in custody and the pre-sentencing report. The accused is hereby sentenced to five (5) years imprisonment.
Orders accordingly.
Delivered, signed & dated this 26th day of June 2020, in open court at Makueni.
H. I. Ong’udi
Judge