[2018] KEHC 1090 (KLR)
The court found that, although the offence of manslaughter is serious, the circumstances of the case, including the accused's remorse, her young age, her responsibility for two young children, and her family's willingness to accept her, justified a non-custodial sentence. The court determined that probation would...
Source-derived case information.
- Citation
- [2018] KEHC 1090 (KLR)
- Parties
- Applicant: Republic; Defendant: Veronica Musati Nyangweso
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 15 of 2017
- Procedural Posture
- Criminal Case / Sentencing Ruling
- Outcome
- Accused sentenced to two years probation and released unless held on a separate warrant.
- Legal Topics
- Manslaughter, Sentencing, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Veronica Musati Nyangweso
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling
Legal Issues
- 1 Whether the accused should be sentenced to imprisonment or granted a non-custodial sentence for manslaughter.
- 2 What mitigating factors should influence the sentence imposed on the accused.
Ratio Decidendi
The court found that, although the offence of manslaughter is serious, the circumstances of the case, including the accused's remorse, her young age, her responsibility for two young children, and her family's willingness to accept her, justified a non-custodial sentence. The court determined that probation would serve the interests of justice and rehabilitation better than imprisonment in this instance.
Court Disposition
Accused sentenced to two years probation and released unless held on a separate warrant.
Orders
- The accused is sentenced to two years probation.
- The accused is set free unless otherwise held on a separate warrant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: D.S MAJANJA J.
CRIMINAL CASE NO. 15 OF 2017
BETWEEN
REPUBLIC............................................................PROSECUTOR
AND
VERONICA MUSATI NYANGWESO.......................ACCUSED
RULING ON SENTENCE
The accused VERONICA MUSATI NYANGWESO was charged with the offence of murder but the same was reduced to manslaughter. She stabbed her co-wife while she was with her husband following a dispute.
I have considered the circumstances of the case including the Probation Officer’s Report filed in court. I have noted that she is 31 years; has two young children and she is remorseful and her family is willing to accept her.
I therefore sentence, VERONICA MUSATI NYANGWESO to two (2) years probation. She is set free unless otherwise held on a separate warrant.
Ruling read and delivered in open Court this 21st December 2018.
D.S Majanja
Judge
Mr. Otieno, Senior Prosecution Counsel, instructed by Office of Director of Prosecutions.
Mr. Nyangwencha, advocate for the accused.