[2013] KEHC 5073 (KLR)
The court found that the accused, having been in remand for eight years, had already suffered sufficient punishment for the offence of manslaughter. The evidence showed that the accused did not intend to kill the deceased, who was his brother, and the fatal blow was delivered in the context of a family burial...
Source-derived case information.
- Citation
- [2013] KEHC 5073 (KLR)
- Parties
- Respondent: Republic; Defendant: Shem Ashiono Hezron
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 4 of 2005
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused set at liberty; no further custodial sentence imposed
- Legal Topics
- Manslaughter, Sentencing Principles, Remand Period Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Shem Ashiono Hezron
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should be sentenced to a further custodial term after conviction for manslaughter.
- 2 Whether the period spent in remand is sufficient punishment for the offence committed.
Ratio Decidendi
The court found that the accused, having been in remand for eight years, had already suffered sufficient punishment for the offence of manslaughter. The evidence showed that the accused did not intend to kill the deceased, who was his brother, and the fatal blow was delivered in the context of a family burial gathering. The court determined that the long period in custody was adequate punishment and that a further custodial sentence was not warranted. The accused was therefore ordered to be set at liberty unless otherwise lawfully held.
Court Disposition
accused set at liberty; no further custodial sentence imposed
Orders
- The accused shall be set at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
High Court at Kakamega
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REPUBLIC ………………………………………………… PROSECUTOR
V E R S U S
SHEM ASHIONO HEZRON ……………………..…………. ACCUSED
S E N T E N C E
SHEM ASHIONO HEZRON was convicted of the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. Mr. Monda, counsel for the accused submitted that the deceased was the deceased’s brother. He is married with a child and the deceased also left a family. He has been in custody for eight years. Counsel urged the court not to impose a custodial sentence so that the accused can take care of his children and those of his deceased brother.
From the evidence on record, it is clear that the accused had no intention to kill the deceased. He hit the deceased once on the head as he thought that the deceased was disturbing people who had gone to console them during a burial ceremony at their home. The deceased simply went to sleep and did not wake up.
The accused person first appeared in court on the 9th March 2005. He was arrested on 20. 1.1005. He has been in custody for eight (8) years. I do find that the long period the accused has been in remand is enough punishment for the offence of manslaughter. This is one case that does not call for a custodial sentence. The eight years remand period is sufficient punishment. The accused shall be set at liberty unless otherwise lawfully held.
Delivered, dated and signed at Kakamega this 7th day of February 2013
SAID J. CHITEMBWE
J U D G E