[2021] KEHC 2143 (KLR)
The court, after considering the pre-sentence report, the mitigation by the accused, the prosecution's submissions, and the sentencing guidelines, found that the manner in which the offence was committed was brutal and warranted a custodial sentence. The victim impact report was wholly unfavourable to the accused...
Source-derived case information.
- Citation
- [2021] KEHC 2143 (KLR)
- Parties
- Respondent: Republic; Defendant: Timothy Kaari M’Imana
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 56 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 15 years imprisonment for manslaughter
- Judges
- CA Otieno
- Legal Topics
- Manslaughter, Sentencing Guidelines, Victim Impact Assessment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Timothy Kaari M’Imana
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter.
- 2 Should the court consider a non-custodial sentence in light of the pre-sentence report and mitigation offered.
Ratio Decidendi
The court, after considering the pre-sentence report, the mitigation by the accused, the prosecution's submissions, and the sentencing guidelines, found that the manner in which the offence was committed was brutal and warranted a custodial sentence. The victim impact report was wholly unfavourable to the accused and did not recommend a non-custodial sentence. The court determined that a 15-year jail term was appropriate to reflect the seriousness of the offence and to show disapproval of the accused's conduct. The sentence was ordered to commence from the date of arrest, 21/7/2014.
Court Disposition
accused sentenced to 15 years imprisonment for manslaughter
Orders
- The accused is sentenced to serve a jail term of 15 years for manslaughter.
- The sentence shall commence on 21/7/2014, taking into account the period already spent in custody.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CRIMINAL CASE NO. 56 OF 2014
REPUBLIC ......................................................................PROSECUTOR
VERSUS
TIMOTHY KAARI M’IMANA.............................................ACCUSED
SENTENCE
1. After the conviction on the offence of manslaughter, the court called for a pre-sentence report from the probation officer before the accused was called to offer mitigation. The report filed and entitled victim impact report is wholly unfavourable to the accused persons and does not recommend a non-custodial sentence.
2. When availed a chance to mitigate, the accused person’s advocate pleaded for leniency from the court and urged the court to give regard to the fact that the accused person was remorseful, that he had saved judicial time by entering into the plea agreement and that the events of the fateful day were that the accused had been attacked by the deceased.
3. In seeking a custodial and deterrence sentence, Mr. Maina for the prosecution pleaded with the court to look at the brutal manner in which the deceased was killed by the accused when his only undoing was to seek to rescue another lady then under attack by the accused. He urged the court to take into account that fact that the deceased was attacked viciously and violently on the cheek and the chin in a fashion that must have been intended to cause harm.
4. I have considered the victim impact assessment/ pre-sentence report and the recommendations made therein. Having taken into consideration the sentencing guidelines, the age of the accused as well as the manner in which the injuries were inflicted and death occasioned, I do sentence the accused to serve a jail term of 15 years as a show of disapproval of the conduct by the accused. Having been in custody from arrest todate the sentence shall commence on the 21/7/2014.
DATED SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF NOVEMBER, 2021
PATRICK J.O OTIENO
JUDGE
15/11/2021