[2005] KEHC 1973 (KLR)
The court found that although the accused was a first offender, young, and remorseful, and had already spent two years in custody, the offence of manslaughter remains a grave felony. The accused's actions were reckless and resulted in the death of his father, who was unarmed and attempting to break up a fight. The...
Source-derived case information.
- Citation
- [2005] KEHC 1973 (KLR)
- Parties
- Applicant: Republic; Defendant: Silvester Machika
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2003
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to four years imprisonment for manslaughter
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, First Offender, Remorse
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Silvester Machika
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused was guilty of manslaughter as opposed to murder.
- 2 What sentence is appropriate given the circumstances and mitigation presented.
Ratio Decidendi
The court found that although the accused was a first offender, young, and remorseful, and had already spent two years in custody, the offence of manslaughter remains a grave felony. The accused's actions were reckless and resulted in the death of his father, who was unarmed and attempting to break up a fight. The court determined that a custodial sentence was warranted to reflect the seriousness of the offence, balancing the mitigating factors against the need for deterrence and justice. Consequently, the accused was sentenced to four years imprisonment.
Court Disposition
accused sentenced to four years imprisonment for manslaughter
Orders
- The accused is sentenced to a term of four years imprisonment.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA CRIMINAL CASE NO. 20 OF 2003
REPUBLIC ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PROSECUTOR V E R S U S SILVESTER MACHIKA ::::::::::::::::::::::::::::::::::::::::::::::::::::: ACCUSED
SENTENCE
Initially, Silvester Machika was charged with the offence of Murder contrary to Section 203 as read with Section 204 of the Penal Code. On 2-3-2005, following plea bargaining, he pleaded guilty to the lesser offence of manslaughter under Section 202 as read with Section 205 of the Penal Code. He was charged of having caused the death of Cosmas Okanga by unlawful act on 1st December 2002 at Malimili village, Malimili sub location, Ilesi Location in Kakamega District of Western Province and convicted on 2. 3.2005.
The facts constituting the offence which the Accused admitted were that the accused was engaged in a quarrel with his brother, one David Mosi, which degenerated into a fight. The deceased, who was their father was herding cattle nearby came to separate the fight. The accused picked a stick and hit him on the head and on the ribs and ran away. The deceased fell down and neighbours took him to Mukumu Mission hospital where he fell into coma and subsequently died on 10. 12. 2002. The postmortem conducted by Dr. Anguchi on that day attributed the cause of death to cardiopulmonary arrest caused by severe head injury. The accused was examined by Dr. Aswani on 31. 12. 2002 and found to be fit to stand trial.
Mr. Karuri informed the court that the accused was a first offender.
Mrs. Muleshe, learned counsel for the Accused, prayed for leniency and pointed out that the accused was a young man who had intended to live a good life. She pointed out that the accused regretted the death of his father which resulted from his use of excessive force. The accused, I was told has been in custody for two years and was remorseful.
I have duly considered the said mitigation and the circumstances in which the accused caused the death of his father. I give due consideration to the fact that the accused, a young man, was a first offender who is remorseful and had pleaded guilty. I also bear in mind that he has been in custody for two years and the unlawful act that caused death of his father was ostensibly prompted by cowardice and foolishness on his part.
Nevertheless manslaughter is a serious felony which carries a sentence of life imprisonment. It was reckless of the accused to use the excessive force that he did. His father was not armed and was not intent on attacking him. He came to separate his sons from fighting. The death of the deceased will remain on the conscience of the accused for ever. I think a custodial sentence is merited in this case.
After weighing one thing with another, I accordingly sentence the accused to a term of four years imprisonment.
Dated at Kakamega this 22nd day of April, 2005.
G. B. M. KARIUKI
J U D G E