[2021] KEHC 2936 (KLR)
The court considered the gravity of the offence of manslaughter, the circumstances under which the fatal blow was delivered, and the mitigation advanced by the accused persons. Despite their status as first offenders and their expressions of remorse, the seriousness of the offence and the need for justice...
Source-derived case information.
- Citation
- [2021] KEHC 2936 (KLR)
- Parties
- Applicant: Republic; Defendant: Stephen Manyeki Chege; Defendant: Erick Chege Gathoni
- Court
- High Court
- Court Station
- High Court at Murang'a
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2017
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Each accused sentenced to seven years' imprisonment for manslaughter, sentence to run from date of first arrest.
- Judges
- K Kimondo
- Legal Topics
- Manslaughter, Sentencing Guidelines, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Stephen Manyeki Chege
Defendant
Erick Chege Gathoni
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused persons should be sentenced to a custodial term for the offence of manslaughter.
- 2 What factors should guide the court in determining the appropriate sentence for manslaughter in the circumstances of this case.
Ratio Decidendi
The court considered the gravity of the offence of manslaughter, the circumstances under which the fatal blow was delivered, and the mitigation advanced by the accused persons. Despite their status as first offenders and their expressions of remorse, the seriousness of the offence and the need for justice necessitated a custodial sentence. The court determined that a sentence of seven years' imprisonment for each accused was appropriate, with the sentence to run from the date of their initial arrest and custody, balancing both the punitive and rehabilitative aspects of sentencing in light of the offenders' personal circumstances and the interests of justice.
Court Disposition
Each accused sentenced to seven years' imprisonment for manslaughter, sentence to run from date of first arrest.
Orders
- Each accused is sentenced to seven (7) years imprisonment.
- The sentence shall be deemed to run from 11th April 2017, the date when they were first arrested and placed in custody.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MURANG’A
CRIMINAL CASE NO. 17 OF 2017
REPUBLIC.....................................PROSECUTOR
VERSUS
STEPHEN MANYEKI CHEGE.....1ST ACCUSED
ERICK CHEGE GATHONI...........2ND ACCUSED
SENTENCE
1. Each of the accused persons pleaded guilty to the offence of manslaughterunder a plea agreement recorded on 18th October 2021. The offence is a grave felony that attracts life imprisonment.
2. The deceased was a brother to the 1st accused and an uncle to the 2nd accused. On 9th April 2017, a squabble erupted between the trio and escalated into a full-blown fight. The deceased sought refuge in a neighbour’s compound. The accused followed him there. In the course of the scuffle, the 1st accused delivered a fatal blow to the deceased’s head using a rusty piece of metal pipe (exhibit 1). He was hospitalized but succumbed to the injuries three days later.
3. I have paid heed to the mitigation tendered by each of the accused. They are both first offenders and expressed remorse for their conduct. The 1st accused has a young family and suffers from high blood pressure. The 2nd accused is aged 27. His mother is single and used to rely on him. He also claims to be diabetic.
4. As a general rule, sentence should be commensurate to the moral blameworthiness of the offender but also guided by the nature and gravity of crime. The dictates of justice in this case call for a custodial sentence. I sentence each of the accused to seven (7) years imprisonment. The sentence shall be deemed to run from 11th April 2017, the date when they were first arrested and placed in custody.
It is so ordered.
DATED, SIGNED AND DELIVERED AT MURANG’A THIS 19TH DAY OF OCTOBER 2021
KANYI KIMONDO
JUDGE
Sentence read in open court in the presence of-
Accused.
Ms. A. Gakumu for the Republic.
Mr. S. Kirubi for the 1st accused.
Mr. M. Warima for the 2nd accused.
Ms. Dorcas Waichuhi & Ms. Susan Waiganjo, Court Assistants.