[2021] KEHC 2870 (KLR)
The court, after weighing both the mitigating factors (including the accuseds' status as first offenders, their family responsibilities, their remorse, and the significant period already spent in pre-trial custody) and the aggravating factors (notably the loss of a young life and the pain suffered by the deceased...
Source-derived case information.
- Citation
- [2021] KEHC 2870 (KLR)
- Parties
- Applicant: Republic; Defendant: Violet Chelagat Achiga; Defendant: Milicent Kagea Mwangi
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 71 of 2017
- Procedural Posture
- Criminal Case / Sentencing Judgment
- Outcome
- Both accused sentenced to four years' imprisonment from the date of judgment.
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation and Aggravation, Pretrial Custody Credit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Violet Chelagat Achiga
Defendant
Milicent Kagea Mwangi
Defendant
Procedural Posture
Criminal Case / Sentencing Judgment
Legal Issues
- 1 What is the appropriate sentence for the offence of manslaughter committed by the accused persons.
- 2 How should the period spent in pre-trial custody be considered in sentencing.
- 3 What weight should be given to the mitigating and aggravating circumstances presented.
Ratio Decidendi
The court, after weighing both the mitigating factors (including the accuseds' status as first offenders, their family responsibilities, their remorse, and the significant period already spent in pre-trial custody) and the aggravating factors (notably the loss of a young life and the pain suffered by the deceased due to excessive force used by the accused), determined that a custodial sentence was appropriate. The court specifically considered the six and a half years already served in custody and ordered that the sentence of four years' imprisonment should commence from the date of the judgment, thereby recognizing the time already spent in custody as a substantial mitigating factor. The...
Court Disposition
Both accused sentenced to four years' imprisonment from the date of judgment.
Orders
- Each accused is sentenced to four years' imprisonment, the sentence to run from the date of this judgment.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KABARNET
CRIMINAL CASE NO 71 OF 2017
REPUBLIC.......................................PROSECUTOR
VERSUS
VIOLET CHELAGAT ACHIGA.......1ST ACCUSED
MILICENT KAGEA MWANGI........2ND ACCUSED
(Formerly Nakuru High Court Criminal Case No. 13 of 2015, Republicversus Violet Chelagat Achiga & Millicent Kagea Mwangi)
JUDGEMENT ON SENTENCE
On 29th September 2021 I convicted the accused for the offence of manslaughter and adjourned the same for pre-sentencing hearing to 30/09/2021. During the pre-sentencing hearing, Counsel for the prosecution (Mr. Mong’are) informed the court that the accused are first offenders. Ms Cheruiyot, counsel for the accused presented the mitigation of both accused to the court.
Mitigation of 1st accused
In respect of the first accused counsel informed the court as follows. the 1st accused is 36 years old from soy in Uasin Gishu county. She is the 2nd last born in her family. Her parents are elderly and are dependent upon her. Additionally, her nieces and nephews were also dependent upon her for their school fees and upkeep. Furthermore, the accused is remorseful and prays for a lenient sentence. She is a 1st offender and has been in custody since 21/2/2015, which translates to 61/2 years. She also prays for a non-custodial sentence and has since reformed.
Mitigation of the 2nd accused
As regards the 2nd accused counsel mitigated as follows. She is 36 years old. She is unmarried and has two children with the older child aged 17 years and the younger aged 71/2 years old. Her children are dependent upon her. She is also the bread winner of family. Furthermore, counsel has informed the court that the accused has been in custody since 21/2/2015 which translates to a period of 61/2 years. Counsel has also prayed for a lenient and non-custodial sentence. The foregoing are the mitigating circumstances.
The aggravating circumstances are as follows. A life of a young person has been lost. The deceased suffered pains in the hands of the accused following injuries sustained in his head and stomach. Both accused used excessive force in an attempt to recover the bill owed to the business of their employer.
Findings on sentence
After taking into account both the mitigating and aggravating factors including the period they have been in pre-trial custody of about 61/2 years; I find that the appropriate sentence is one of four imprisonment which begins to run from the date of this judgement.
JUDGEMENT DATED, SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THROUGH VIDEO CONFERENCE THIS 19TH DAY OF OCTOBER 2021
J M BWONWONG’A
JUDGE
In the presence of:
1. Mr Kinyua and Kemboi, Court Assistants
2. Mr. Makori for the Republic
3. Mr. Chepkilot for the Accused.