[2018] KEHC 5692 (KLR)
The court found that, despite the mitigating factors of the accused being a first offender, his youth, and his guilty plea, the loss of life in a violent act against an intimate partner was a grave aggravating factor. The court determined that a custodial sentence was necessary to reflect the seriousness of the...
Source-derived case information.
- Citation
- [2018] KEHC 5692 (KLR)
- Parties
- Respondent: Republic; Defendant: Shem Nyasemi Ohuru
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case Case15 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to five years imprisonment for manslaughter
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigating Factors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Shem Nyasemi Ohuru
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 What is the appropriate sentence for the accused who pleaded guilty to manslaughter under a plea bargain agreement.
- 2 How should mitigating and aggravating factors be balanced in sentencing for manslaughter involving intimate partner violence.
Ratio Decidendi
The court found that, despite the mitigating factors of the accused being a first offender, his youth, and his guilty plea, the loss of life in a violent act against an intimate partner was a grave aggravating factor. The court determined that a custodial sentence was necessary to reflect the seriousness of the offence and to serve as a deterrent. Balancing the mitigating and aggravating circumstances, the court imposed a sentence of five years imprisonment on the accused for the offence of manslaughter under Section 202 as read with Section 205 of the Penal Code.
Court Disposition
accused sentenced to five years imprisonment for manslaughter
Orders
- The accused, Shem Nyasemi Ohuru, is sentenced to five (5) years imprisonment.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 15 OF 2018
REPUBLIC.........................PROSECUTOR
VERSUS
SHEM NYASEMI OHURU......ACCUSED
RULING ON SENTENCE
The accused, SHEM NYASEMI OHURU, has pleaded guilty to the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code following a plea bargain agreement. It is alleged that he unlawfully killed his wife, GRACE KEMUNTO on 14th April 2018 at Machabumbi Village, Iringa Sub-location, Gucha South Sub-County, Kisii County.
I am now called upon to impose an appropriate sentence. The circumstances of the case were that the accused and deceased had a quarrel following which the accused slashed the deceased on the head five times causing her to bleed to death. The defence counsel, told the court that the accused was reacting to an incident of thuggery arranged by his wife and in reaction to the thugs he slashed his wife in order to defend himself.
I have considered the fact that the accused is a first offender, is young and has pleaded guilty as mitigating factors. On the other hand, I cannot ignore the fact that a life had been lost in an act of violence to an intimate partner. In my view a custodial sentence is appropriate to reflect the gravity of the offence. I therefore sentence the accused SHEM NYASEMI OHURU to five (5) years imprisonment.
Sentence read and delivered in open Court this 9th July 2018.
D.S Majanja
Judge
Mr. Otieno, Prosecution Counsel, instructed by Office of Director of Prosecutions
Mr. Okenye, Advocate for the Accused