[2016] KEHC 1875 (KLR)
The court exercised its discretion under section 205 of the Penal Code, considering the accused's status as a first offender, her youth, the period already spent in custody, her remorse, and the circumstances of the offence, which arose from a fight rather than premeditation. The court also considered the Probation...
Source-derived case information.
- Citation
- [2016] KEHC 1875 (KLR)
- Parties
- Respondent: Republic; Defendant: Winnie Adhiambo
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 90 of 2015
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
- Outcome
- Accused sentenced to three years probation with conditions; non-custodial sentence imposed.
- Judges
- CJ Kendagor
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Discretion, Probation Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Winnie Adhiambo
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain and Conviction for Manslaughter
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter under section 205 of the Penal Code after a plea bargain?
- 2 Should the accused, a first offender and young mother, receive a custodial or non-custodial sentence?
- 3 What weight should be given to the victim impact statements and the probation officer's recommendation?
Ratio Decidendi
The court exercised its discretion under section 205 of the Penal Code, considering the accused's status as a first offender, her youth, the period already spent in custody, her remorse, and the circumstances of the offence, which arose from a fight rather than premeditation. The court also considered the Probation Officer's recommendation for a non-custodial sentence and the need for rehabilitation through anger management and counselling. Balancing these factors against the gravity of the offence and the impact on the victim's family, the court determined that a probation sentence of three years, with strict conditions and a warning of possible custodial sentence upon breach, was...
Court Disposition
Accused sentenced to three years probation with conditions; non-custodial sentence imposed.
Orders
- The accused is sentenced to a probation term of three years, subject to good conduct and compliance with probation officer's conditions.
- The Probation Department shall organize guidance and counselling sessions for the accused.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO. 90 of 2015
LESIIT, J.
REPUBLIC..............................................................PROSECUTION
VERSUS
WINNIE ADHIAMBO......................................................ACCUSED
RULING ON SENTENCE
1. The accused person has been convicted of manslaughter contrary to section 202 of the Penal Codeafter the accused and the State successfully entered into Plea Bargaining. The sentence for the offence of Manslaughter is provided under Section 205 of the Penal Code which provides:
“205. Any person convicted of manslaughter is liable to imprisonment for life.”
2. The prosecution has urged that the accused person has no previous record. I have considered that fact and will therefore treat the accused person as a first offender.
3. The matter was handled by Mutuku, J. who left the case with me as she was proceeding on a lengthy leave.
4. I have perused the proceedings in this case. In particular I have had occasion to read the facts of the case as per the filed Plea Agreement signed by both sides. It shows that there was a fight between the accused and the deceased, after the deceased went to accused house agitated because of information she had received that morning that the accused had said that she was barren. After a fight, the deceased decided to run from the accused but in the process the accused stabbed the deceased on the back.
5. I have considered the mitigation ably made on behalf of the accused by her counsel Mrs. Omungala. I have considered that the accused is a mother of two children, one of which was born while she was in prison for this case. Counsel urged that the accused is very remorseful for this offence and that she has reformed while in prison. Counsel urges the court to note that the offence was not intended but that it happened as a result of a fight. Counsel also urged that the accused was a bread winner to her family and siblings.
6. I have indeed considered that the accused has been in custody during the pendency of her trial since 29th September, 2015. That is a period of one year. She is also young, being 20 years old.
7. I have considered the Pre-Sentence Report by the Probation Officer. It contains the Victim Impact Statements of the brother and the husband of the deceased. They are yet to heal for the loss of their loved one. They also say that it has been a daunting task to care for the children the deceased left behind. They were of the view that the law should be left to take its course.
8. The Probation Officer has recommended a non-custodial sentence for the accused and an Anger Management support and counselling to encourage the accused on the need to keep pro-social friends.
9. I have borne all these factors in mind before passing sentence. I have also considered Section 205 of the Penal Code which shows clearly that a person convicted for the offence of manslaughter is liable to imprisonment for life. That means the court can exercise discretion in determining the nature and term of the sentence to impose against the accused person. In the result I order as follows:
1. I will sentence the accused to a Probation term of three years. During that period she should be of good conduct, keep Company with persons of good behaviour and reputation. She should be obedient and abide by the conditions set by the Probation Officer supervising her. The accused is further warned that she should not commit any other offence during the period of the probation sentence.
2. I direct that the Probation Department organize Guidance and Counselling Sessions for the accused person as part of the rehabilitation of the accused.
3. The accused is warned that if she breaches any of these conditions and terms she will be brought back to this court and may result in a custodial sentence being imposed against her.
DATED AT NAIROBI THIS 3RD DAY OF OCTOBER, 2016.
LESIIT, J.
JUDGE