[2009] KEHC 259 (KLR)
The court found that the accused did not have the intention to kill the deceased. The accused responded to his mother’s distress and became involved in a fight that escalated when the deceased intervened with a weapon. The accused’s actions, while resulting in death, were not premeditated and occurred in the heat of...
Source-derived case information.
- Citation
- [2009] KEHC 259 (KLR)
- Parties
- Applicant: Republic; Defendant: Wilfred Okwalo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 17 of 2005
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused acquitted and set at liberty
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Unlawful Killing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Wilfred Okwalo
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused unlawfully killed the deceased in circumstances amounting to manslaughter.
- 2 Whether the accused had the intention to kill or cause grievous harm to the deceased.
- 3 What is the appropriate sentence in light of the circumstances and mitigation.
Ratio Decidendi
The court found that the accused did not have the intention to kill the deceased. The accused responded to his mother’s distress and became involved in a fight that escalated when the deceased intervened with a weapon. The accused’s actions, while resulting in death, were not premeditated and occurred in the heat of the moment. The court considered the period the accused had already spent in custody, the lack of intent to kill, and the mitigating circumstances, concluding that a further custodial sentence was not warranted. Accordingly, the accused was set free and ordered to be at liberty unless otherwise lawfully held.
Court Disposition
accused acquitted and set at liberty
Orders
- The accused is hereby set free and shall be at liberty unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
Criminal Case 17 of 2005
REPUBLIC.......................................................PROSECUTOR
V E R S U S
WILFRED OKWALO ..............................................ACCUSED
S E N T E N C E
The accused is charged with the offence of manslaughter contrary to section 202 as read with section 205 of the Penal Code. The particulars of the offence are that on the 26th of March, 2005 at Butaliko village, Indangalasia sub-location, Keyonzo location in Butere/Mumias District within Western Province, the accused unlawfuly killed Jackson Echesa.
On 26th March, 2005 at Butaliko village at about 9. 00 a.m. the deceased’s father brought a tractor at his farm and began ploughing. He instructed the tractor driver to also plough the land belonging to the accused’s family. The two families are related and had had a long standing dispute.
The accused’s mother, Feslister Anyango tried to inquire why her land was being ploughed but she was pushed down and stabbed by deceased’s father on her right breast. Accused came out in response to his mother’s screams. The deceased’s father engaged the accused in a fight. The deceased’s father called for help and the deceased came to the scene armed with a piece of firewood. The accused snatched it and hit the deceased on the head. The accused also sustained injuries on the head. The deceased was rushed to hospital and died on 9th April, 2005. The postmortem report by Dr. Waringe opined that the cause of death was cardiopulmonary arrest due to internal hemorrhage.
Mr. Nandwa for the accused submitted in mitigation that the accused is 28 years old. He has a wife and 2 children and has been in custody for over 4 years. He presented himself to the police and was also injured in the incident.
The circumstances of the case show that there was no intention on the part of the accused to kill the deceased. The accused responded to his mother’s screams. I do take note of the period the accused has been in custody. A custodial sentence is not ideal given the circumstances. The accused is hereby set free and shall be at liberty unless otherwise lawfully held.
Delivered, Dated and Signed at Kakamega this 4thday of November, 2009
SAID J. CHITEMBWE
J U D G E