[2015] KEHC 4538 (KLR)
The court found that, although the appellant pleaded guilty to manslaughter and was sentenced to 20 years imprisonment, the circumstances of the case—including her remorse, the fact that she is a mother of six, and the favorable probation report—warranted intervention. The court considered that the appellant did not...
Source-derived case information.
- Citation
- [2015] KEHC 4538 (KLR)
- Parties
- Appellant: Sampaula Atita Gitonga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 45 of 2012
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied; custodial sentence set aside and substituted with probation
- Judges
- RPV Wendoh
- Legal Topics
- Manslaughter, Sentencing Principles, Plea of Guilty, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sampaula Atita Gitonga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 20 years imprisonment for manslaughter was excessive in the circumstances.
- 2 Whether the court should interfere with the sentence imposed after a plea of guilty.
Ratio Decidendi
The court found that, although the appellant pleaded guilty to manslaughter and was sentenced to 20 years imprisonment, the circumstances of the case—including her remorse, the fact that she is a mother of six, and the favorable probation report—warranted intervention. The court considered that the appellant did not waste judicial time and that the death occurred in the course of disciplining the deceased. The sentence of 20 years was deemed excessive, and the court exercised its discretion to set aside the custodial sentence and substitute it with a non-custodial sentence of three years' probation, taking into account the interests of justice, rehabilitation, and the recommendations of...
Court Disposition
sentence varied; custodial sentence set aside and substituted with probation
Orders
- The sentence of 20 years imprisonment is set aside.
- The appellant is sentenced to serve the remainder of her sentence on 3 years’ probation.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN HIGH COURT OF KENYA AT MERU
HCRA 45 OF 2012
SAMPAULA ATITA GITONGA ……………………… APPELLANT
VRS
REPUBLIC ……………………………………………… RESPONDENT
J U D G E M E N T
Sampaula Atita Gitonga was convicted of the offence of manslaughter contrary to Section 204 of the Penal Code on her own plea of guilty by the Senior Principal Magistrate, Tigania, on 4/4/2012. She was sentenced to serve 20 years imprisonment. She has filed an appeal against sentence on grounds that she has six (6) other children who need parental care, she regrets her action and therefore pleads for leniency.
The appeal was opposed by Mr. Mulochi, Learned Counsel for the State who argued that under Section 205,a person convicted of manslaughter is liable to imprisonment for life and that having been handed only 20 years, the court was lenient; that this court should not interfere with the sentence. Under Section 348 of the Criminal Procedure Code, no appeal lies against a conviction where the accused has pleaded guilty and was convicted on his own plea except an appeal will lie in regard to the extent and legality of the sentence.
In this case, the Appellant pleaded guilty to the offence of manslaughter and was sentenced to 20 years imprisonment. The appeal is against the length of the sentence. The reasons that the Appellant gives are that she is a mother of six other children; that she regrets her action as it was in an attempt to discipline the deceased that the death occurred. Having pleaded guilty, the Appellant did not waste the court’s time in having to hear the case. This court takes into account the circumstances of the case that out of the beating, the deceased sustained injuries to some vital parts of the body that resulted in death. That notwithstanding, and considering the circumstances of the case cumulatively, I find that the sentence of 20 years is on the higher side. This court called for a Probation Officer’s Report which is favourable to her release on probation. This is both from her family and the community. The Appellant was sentenced on 16/4/2012. She has so far served 3 years imprisonment. In my view, this is a case that calls for intervention with the sentence and I hereby do, by setting aside the sentence of 20 years imprisonment and instead sentence her to serve the rest of the sentence on 3 years’ probation.
It is so ordered.
DATED, SIGNED AND DELIVERED THIS 8TH DAY OF JUNE, 2015
R. P. V. WENDOH
JUDGE
PRESENT:
Mr. Musyoka for the State
Faith, Court Clerk
Appellant in person