[2022] KEHC 17173 (KLR)
The court found that the circumstances of the offence, including high culpability and serious harm to the deceased, outweighed the mitigating factors presented by the defence. The judge was not persuaded to impose a non-custodial sentence, as the gravity of the offence called for a custodial sentence to serve...
Source-derived case information.
- Citation
- [2022] KEHC 17173 (KLR)
- Parties
- Appellant: Republic; Respondent: Fred Butiya Wakhulwa; Respondent: Paul Maina Sindani
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 37 of 2020
- Procedural Posture
- Criminal Appeal / Sentencing Ruling
- Outcome
- Each accused sentenced to 48 months imprisonment.
- Judges
- RN Nyakundi
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation and Aggravation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Appellant
Fred Butiya Wakhulwa
Respondent
Paul Maina Sindani
Respondent
Procedural Posture
Criminal Appeal / Sentencing Ruling
Legal Issues
- 1 Whether the accused persons should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence considering the aggravating and mitigating factors.
Ratio Decidendi
The court found that the circumstances of the offence, including high culpability and serious harm to the deceased, outweighed the mitigating factors presented by the defence. The judge was not persuaded to impose a non-custodial sentence, as the gravity of the offence called for a custodial sentence to serve justice and societal interests. The sentence imposed was 48 months imprisonment for each accused, reflecting a balance between punishment and mercy in light of the facts, aggravating and mitigating factors, and the victim impact statement.
Court Disposition
Each accused sentenced to 48 months imprisonment.
Orders
- Each of the accused persons is sentenced to 48 months imprisonment.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Wakhulwa & another (Criminal Appeal 37 of 2020) [2022] KEHC 17173 (KLR) (27 July 2022) (Ruling)
Neutral citation: [2022] KEHC 17173 (KLR)
Republic of Kenya
In the High Court at Eldoret
Criminal Appeal 37 of 2020
RN Nyakundi, J
July 27, 2022
Between
Republic
Prosecutor
and
Fred Butiya Wakhulwa
1st Accused
Paul Maina Sindani
2nd Accused
Ruling
1. The 2 accused persons pleaded guilty to the offence of manslaughter contrary to section 202 as read with section 205 of thePenal Code. This is a serious offence for the purposes of section 205 for it carries a maximum of life sentence once found guilty and convicted to that effect. During the sentencing hearing learned counsel M/s Kogo offer mitigation on behalf of the accused person while the state through prosecution counsel Mugun submitted on aggravating factors. According to Mr Mugun the offence was committed involving very high culpability by the accused person to cause serious harm to the deceased. The court also considered the presentence report dated July 20, 2022. It is trite that homicide involves the unlawful killing of another human being. When I draw the comparisons, between the aggravating factors, mitigation, and the victim impact statement. I am dissuaded to exact non-custodial sentence as invited by the defence counsel. Much of the circumstances of this offence cumulatively amount to a call for a custodial sentence. That is punishment should fit the criminal as well as the crime. For the court to be fair to the society it has to blend the principles of sentencing with a measure of mercy according to the circumstances. Therefore, in sum I sentence each of the accused persons to 48 months imprisonment.
It is so ordered.
DELIVERED, DATED, AND SIGNED AT ELDORET ON THIS 27THDAY OF JULY 2022…………………………………………R. NYAKUNDIJUDGE