[2021] KEHC 12905 (KLR)
The court held that, despite the accused's guilty plea, status as a first offender, and mitigation, the aggravating circumstances—including the attempt to stage manage the death as suicide, the lack of genuine remorse, and the high risk of re-offending as found by the probation officer—outweighed the mitigating...
Source-derived case information.
- Citation
- [2021] KEHC 12905 (KLR)
- Parties
- Respondent: Republic; Defendant: Titus Muli Munyao
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 60 of 2018
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- accused sentenced to 25 years imprisonment for manslaughter
- Judges
- GL Nzioka
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Titus Muli Munyao
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 Whether the accused's mitigation, remorse, and time in custody should affect the sentence imposed.
- 3 Whether the accused poses a risk of re-offending and if a custodial sentence is warranted.
Ratio Decidendi
The court held that, despite the accused's guilty plea, status as a first offender, and mitigation, the aggravating circumstances—including the attempt to stage manage the death as suicide, the lack of genuine remorse, and the high risk of re-offending as found by the probation officer—outweighed the mitigating factors. The court found that a deterrent custodial sentence was necessary to reflect the seriousness of the offence and to protect the interests of justice. The accused was therefore sentenced to twenty-five years imprisonment, with the sentence to run from 26th November 2015, taking into account the period already spent in custody.
Court Disposition
accused sentenced to 25 years imprisonment for manslaughter
Orders
- The accused is sentenced to serve twenty-five (25) years imprisonment with effect from 26th November 2015.
- The accused has a right of appeal within 14 days from the date of this order.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CRIMINAL DIVISION
CASE NUMBER: HC.CR.C/60/2018
REPUBLIC.................................................................... PROSECUTOR
VS
TITUS MULI MUNYAO...................................................... ACCUSED
RULING ON SENTENCE
1. In considering the appropriate sentence in this matter, I have considered the following factors:
a) Initially the accused was charged with the offence of murder. It was reduced to manslaughter following the plea bargaining agreement executed by the parties;
b) The accused has pleaded guilty and therefore did not take the parties and the court through a long process of hearing of the matter. Thus saving a lot of resources: time and expenses associated therewith;
c) The accused is a first offender following a confirmation that, he has no previous records of conviction;
d) The accused’s mitigation, in a nutshell, that he is remorseful, has acquired training and certification thereof; as such he is skilled and ready to serve the nation. He is unwell and on treatment.
e) The period the accused has been in custody since arrest on; 16th November 2018 and subsequent appearance in court on 26th November 2018;
f) The sentiments of the Prosecutor on the sentence that; the victim was young at age twenty (23) years, with two children left who have been left motherly love and care. Further, the deceased’s family is still bitter with the death and the accused is also deemed as a threat to the deceased’s family;
g) The content of pre-sentence report presented by the probation office;
h) The sentence provided for the offence being; imprisonment for life.
2. In addition, I note the following from the facts read to the court, that, the accused stage managed the death as a suicide incident and even forged a suicide note, purportedly written by the deceased and proved otherwise by the forensic examination.
3. In the given circumstance, I find and hold that, the accused deserves a deterrence sentence, especially in view of finding by the Probation Officer, that, he is not genuinely remorseful and is at a “high risk” of re-offending. The Probation Officer does not recommend a non-custodial sentence.
4. Therefore, though I take note the tender age of the accused and the fact that, he should not be subjected to incarceration and/or prolonged long custodial sentence, his attitude towards the crime betrays him.
5. In that regard, taking into account the aforesaid, I sentence the accused to serve a custodial sentence of; twenty-five (25) years imprisonment with effect from the 26th November 2015. The accused has a right of appeal within 14 days from the date of this order or sentence.
It is so ordered.
DATED AND DELIVERED VIRTUALLY AND SIGNED ON THIS 28TH DAY OF APRIL 2021
GRACE L. NZIOKA
JUDGE
In the presence of: -
Ms Akunja/Ms Ogweno for the State/Republic
Ms Ajiambo for accused
Edwin- Court Assistant