[2017] KEHC 918 (KLR)
The court found that the accused, having been convicted of manslaughter, was a first offender, of advanced age, in poor health, and had already spent nearly five years in custody awaiting trial. The probation report recommended a non-custodial sentence. The court determined that these factors, taken together,...
Source-derived case information.
- Citation
- [2017] KEHC 918 (KLR)
- Parties
- Applicant: Republic; Defendant: Simon Kiilu Kioko
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 24 of 2013
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- convicted of manslaughter; sentenced to three years' probation supervision
- Legal Topics
- Manslaughter, Sentencing Principles, Probation Reports, First Offender, Remorse and Mitigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Simon Kiilu Kioko
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the probation report and the accused's personal circumstances in sentencing.
Ratio Decidendi
The court found that the accused, having been convicted of manslaughter, was a first offender, of advanced age, in poor health, and had already spent nearly five years in custody awaiting trial. The probation report recommended a non-custodial sentence. The court determined that these factors, taken together, justified a non-custodial sentence. The court therefore sentenced the accused to three years' supervision by a Probation Officer near his home area, rather than imposing a custodial sentence.
Court Disposition
convicted of manslaughter; sentenced to three years' probation supervision
Orders
- The accused is sentenced to three years' supervision by a Probation Officer near his home area.
- The accused is informed of his right to appeal within 14 days.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 24 OF 2013
REPUBLIC...................................PROSECUTOR
VERSUS
SIMON KIILU KIOKO............................ACCUSED
RULING ON SENTENCE
Simon Kiilu Kioko was tried for the offence of murder that was alleged to have occurred on the night of 21st and 22nd June 2013 at Munyu Village in Thika, Kiambu County. The victim of the offence is Elizabeth Munyiva Muteti. This court found the offence of murder not proved beyond reasonable doubt. However, the accused was found guilty of manslaughter. He was acquitted of murder and convicted of manslaughter. Before pronouncing sentence this court called for a report from the Probation Officer. The report was filed on 16th November 2017. This ruling is in respect of the sentence.
I have read the report from the Probation Officer. It is a detailed report and it indicates that the accused is aged 60 years and recommends non-custodial sentence. I need to state that the report is not binding to the court but is meant to inform the court the family background of the accused and the nature of the accused’s personality. I note that the accused still denies having committed the offence although in mitigation Mr. Amutallah for the accused mitigated that the accused was remorseful for the offence.
There are no previous records against the accused and this court will treat him as a first offender. I also noted that the accused has been in custody for close to five (5) years. I have taken into account the accused’s circumstances including his poor health conditions; his being a first offender and the time he has spent in custody awaiting the determination of this case. I hereby sentence the accused to serve three years supervision by Probation Officer near his home area. He has been informed of his right to appeal within 14 days from today’s date. Orders shall issue accordingly.
Delivered, dated and signed this 21st day of November 2017.
S. N. Mutuku Judge