[2022] KEHC 11339 (KLR)
The court considered the statutory maximum sentence for manslaughter under section 205 of the Penal Code, which is life imprisonment. In determining the appropriate sentence, the court weighed the accused's mitigation—including her plea of guilty, cooperation via plea bargaining, time already spent in custody, and...
Source-derived case information.
- Citation
- [2022] KEHC 11339 (KLR)
- Parties
- Applicant: Republic; Defendant: Edna Mueni Visili
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E039 of 2020
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to 15 years imprisonment for manslaughter
- Judges
- DO Ogembo
- Legal Topics
- Manslaughter, Sentencing Principles, Plea Bargaining, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Edna Mueni Visili
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter under section 205 of the Penal Code.
- 2 Whether the accused's mitigation and plea bargaining agreement warrant a lenient sentence.
Ratio Decidendi
The court considered the statutory maximum sentence for manslaughter under section 205 of the Penal Code, which is life imprisonment. In determining the appropriate sentence, the court weighed the accused's mitigation—including her plea of guilty, cooperation via plea bargaining, time already spent in custody, and her family circumstances—against the gravity of the offence and the impact on the deceased's family. The court found that, despite the mitigating factors, the loss of an innocent life warranted a custodial sentence. The court therefore imposed a sentence of 15 years imprisonment, to run from the date the accused was first arraigned in court.
Court Disposition
accused sentenced to 15 years imprisonment for manslaughter
Orders
- The accused is sentenced to serve 15 years imprisonment.
- The sentence shall run from 10 November 2020, the date of first arraignment.
Full Case Text
Judgment text and source record
21 paragraphs
Republic v Visili (Criminal Case E039 of 2020) [2022] KEHC 11339 (KLR) (Crim) (25 May 2022) (Sentence)
Neutral citation: [2022] KEHC 11339 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Criminal
Criminal Case E039 of 2020
DO Ogembo, J
May 25, 2022
Between
Republic
Prosecution
and
Edna Mueni Visili
Accused
Sentence
1. I have considered the mitigation of the accused. Salient parts of the mitigation are that the accused has been in custody from October 2020 and that she has saved the court’s time by way of entering a plea bargaining agreement with the state. She has pleaded for leniency and forgiveness. She pleads to be given the opportunity to be with her 2 children.
2. This court, called for a social inquiry report on the accused. The said report has duly been filed in court. From the side of the accused, a plea has been made for a lenient sentence. The family of the deceased, on the other hand, have pleaded for a harsh custodial sentence in view of the loss they have suffered as a result of the loss of their bread winner, the deceased.
3. Section 205 of the Penal Code, prescribes for punishment for the offence of manslaughter on the following terms;“any person who commits the felony of manslaughter is liable to imprisonment for life.”
4. I have taken into consideration the mitigation of the accused as above, particularly that she had been in custody from October 2020 and the plea for leniency. I also note that an innocent life of a young man was lost in this matter. The probation officer’s report has given a picture of the loss that the family of the deceased has suffered as a result of his death.
5. Taking into account the above circumstances, I am of the view that the accused deserves a custodial sentence. In the circumstances, I hereby sentence the accused to serve 15 years imprisonment. This term shall run from 10. 11. 2020, the date when the accused was first arraigned in court. Right of Appeal 14 days.
D. O. OGEMBOJUDGE25. 5.2022Court:Ruling read out in open court in the presence of the accused, Mr. Gatobu for the accused and Ms. Kimani for the state.D. O. OGEMBOJUDGE25. 5.2022Mr. Gitobu:We pray for copy of the ruling.Court:Certified copies of the ruling and proceedings to be prepared and supplied to the defence.D. O. OGEMBOJUDGE25. 5.2022