[2014] KEHC 352 (KLR)
The court found that the accused, having pleaded guilty to manslaughter and shown genuine remorse, did not intend to kill his son but acted in the course of disciplining him. The accused is a first offender and has already spent two years in custody. The probation report recommended a non-custodial sentence, and the...
Source-derived case information.
- Citation
- [2014] KEHC 352 (KLR)
- Parties
- Applicant: Republic; Defendant: Vincent Onguso Mairura
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 121 of 2012
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- Accused sentenced to a non-custodial sentence on probation.
- Legal Topics
- Manslaughter, Sentencing, Mitigation, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Vincent Onguso Mairura
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 Whether the accused's remorse, lack of intent to kill, and status as a first offender mitigate the sentence.
Ratio Decidendi
The court found that the accused, having pleaded guilty to manslaughter and shown genuine remorse, did not intend to kill his son but acted in the course of disciplining him. The accused is a first offender and has already spent two years in custody. The probation report recommended a non-custodial sentence, and the court agreed that further incarceration would be unjust under the circumstances. Accordingly, the accused was sentenced to a non-custodial sentence on probation.
Court Disposition
Accused sentenced to a non-custodial sentence on probation.
Orders
- The accused is sentenced to a non-custodial sentence on probation.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO. 121 OF 2012
REPUBLIC……………………………………………………PROSECUTOR
VERSUS
VINCENT ONGUSO MAIRURA……………………..……………ACCUSED
SENTENCING
The accused person is charged with the offence of manslaughter contrary to section 202 as read with section 205 of the penal code. He pleaded guilty to the said charge and was duly convicted.
To enable the court to determine on the appropriate sentence a probation report was ordered which has now been filed and in which the probation officer has recommended that the accused person be given a non-custodian sentence. They recommend that the accused be sentenced on probation order, accordingly.
In mitigation the accused through his advocate states that the accused is a first offender. He is also very remorseful. The accused did not intend to kill his son. On 24th September, 2012 at 7p.m. the deceased was with his siblings preparing supper when the accused walked in and asked the deceased then aged 9 years why he destroyed the neighbour’s crops during the day. The accused took a stick, beat his child and until the child fell on a cooking stone. The accused continued beating the child. He became unconscious and died. The accused however did not intend to kill his child but to chastise him as any father would of his child. The accused is married with a wife and for this offence to jail the accused would, in my view, an act of injustice. In this regard, have also taken into account that the accused has been in custody for now two (2) years and hereby sentence the accused to non-custodial sentence.
It is so ordered.
Sentencing dated and delivered at KISII this 15Tth day of December 2014.
C.B. NAGILLAH,
JUDGE.
In the presence of:-
Bigogo holding brief for Moracha for the accused
Majale for the state.
Edwin Mongare - Court Clerk.