[2015] KEHC 3285 (KLR)
The court found that the accused, Andrew Nyabuto Noah, unlawfully caused the death of the deceased, Noah Nyabuto Onkundi, and was therefore guilty of manslaughter under Section 202 as read with Section 205 of the Penal Code. In determining the appropriate sentence, the court considered that the accused was a first...
Source-derived case information.
- Citation
- [2015] KEHC 3285 (KLR)
- Parties
- Respondent: State; Accused: Andrew Nyabuto Noah
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 73 of 2011
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- CB Nagillah
- Legal Topics
- Manslaughter, Sentencing Principles, First Offender, Mitigation, Probation, Penal Code
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
Andrew Nyabuto Noah
Accused
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused unlawfully caused the death of the deceased in circumstances amounting to manslaughter.
- 2 What is the appropriate sentence for a first offender convicted of manslaughter under the Penal Code.
Ratio Decidendi
The court found that the accused, Andrew Nyabuto Noah, unlawfully caused the death of the deceased, Noah Nyabuto Onkundi, and was therefore guilty of manslaughter under Section 202 as read with Section 205 of the Penal Code. In determining the appropriate sentence, the court considered that the accused was a first offender, had shown remorse, was relatively young at 24 years, had a dependent child, and had already spent four years in remand. Taking these mitigating factors into account, the court held that a custodial sentence was not warranted and instead imposed a non-custodial sentence of two years to be supervised by the Probation Officer.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to two years of non-custodial sentence under supervision of the Probation Officer of his area.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL CASE NO.73 OF 2011
STATE
VERSUS
ANDREW NYABUTO NOAH...................ACCUSED
SENTENCING
The accused person herein, Andrew Nyabuto Noah, was convicted of the offence of manslaughterwith which he was charged contrary to Section 202 as read with Section 205 of the Penal Code. The particulars thereof are that on 30th day of July 2011 at Bosoti sub-location in Kenyanya District within Kisii County unlawfully caused the death of Noah Nyabuto Onkundi.
The accused beat the deceased simply because the deceased was opposed to the accused marrying the woman he was co-habiting with.
The accused has no record of previous conviction. He is therefore treated as a first offender. In mitigation by his counsel, Moracha the accused is remorseful. He is 24 years old. Has one child. He has been in remand for 4 years.
Accordingly, I sentence him to two years of non- custodial sentence to be supervised by the Probation Officer of his area.
It is so ordered.
Dated, signed and delivered this 31st day of July 2015 at Kisii
HON. C. B. NAGILLAH
JUDGE
In the presence of:
Sepele for State
M/S Moseti holding brief for M/S Mogire for accused
Samuel Omuga: Court clerk