[2023] KEHC 25712 (KLR)
The court found that the aggravating circumstances, including the accused's history of violence, prior criminal conduct, intoxication during the offence, and the community's hostility towards his reintegration, outweighed the mitigating factors such as his remorse, plea of guilty, and family responsibilities. The...
Source-derived case information.
- Citation
- [2023] KEHC 25712 (KLR)
- Parties
- Respondent: State; Defendant: Dan Otieno Ateng
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E001 of 2023
- Procedural Posture
- Criminal Case / Sentence
- Outcome
- convicted and sentenced
- Judges
- DO Ogembo
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Principles, Mitigation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
Dan Otieno Ateng
Defendant
Procedural Posture
Criminal Case / Sentence
Legal Issues
- 1 Whether the accused should receive a custodial or non-custodial sentence for manslaughter.
- 2 What weight should be given to the mitigating and aggravating factors in sentencing.
Ratio Decidendi
The court found that the aggravating circumstances, including the accused's history of violence, prior criminal conduct, intoxication during the offence, and the community's hostility towards his reintegration, outweighed the mitigating factors such as his remorse, plea of guilty, and family responsibilities. The court determined that a custodial sentence was necessary both to protect the community and to provide the accused with an opportunity for vocational training and rehabilitation. The sentence was set at 25 years imprisonment, commencing from the date of first arraignment, reflecting the seriousness of the offence and the need for deterrence and reformation.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to 25 years imprisonment for manslaughter.
- The sentence shall run from 23/1/2023, the date of first arraignment.
Full Case Text
Judgment text and source record
21 paragraphs
State v Ateng (Criminal Case E001 of 2023) [2023] KEHC 25712 (KLR) (21 November 2023) (Sentence)
Neutral citation: [2023] KEHC 25712 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E001 of 2023
DO Ogembo, J
November 21, 2023
Between
State
Prosecution
and
Dan Otieno Ateng
Accused
Sentence
1. The accused person Dan Otieno Ateng, was charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. However, out of a successful Plea bargaining with the Prosecution, the accused has pleaded guilty to the offence of Manslaughter contrary to Section 202 as read with section 205 of the Penal Code. He has accordingly been convicted on the same.
2. Given the chance to mitigate, the accused through his Advocate made the following statements in mitigation: -i.That accused is remorseful and has apologized to the family of the deceased.ii.That accused is a first offender.iii.That he is a family man with 5 children, the youngest being only 3 years. And that some of the children already do not go to school for lack of fees and uniform.iv.That he be placed on a non-custodial sentence so that he may find for his children.
3. This court has called for and obtained a Probation Officer’s Pre-sentence report. The report, filed in court on October 30, 2023 in its material form, discloses the following relevant social aspects of the accused.i.That though a first offender, the accused had various past incidents of criminality including causing grievous harm to one Sewe, leading to amputation of his left hand.ii.That accused is known to be violent, combative and agile.iii.That he was intoxicated and impaired.iv.That the local community is not ready to reintegrate the accused.v.That the accused is fit for custodial sentence which would assist him in imparting vocational skills.
4. I have considered the circumstances of this case and the mitigation of the accused. I have also considered the fact that accused has saved time for the court by readily entering a Plea bargaining agreement with the Prosecution. And also the Pre-sentence cum social inquiry report presented by the Probation Officer.
5. I am convinced that the aggravating facts herein far outweigh the mitigating factors of the accused and that accused deserves a custodial sentence which will keep him away from the hostile community while according him the opportunity to benefit from the vocational skills and training.
6. I in the circumstances, sentence the accused to serve 25 years imprisonment. This sentence shall run from 23/1/2023 the date accused was first arraigned before court.Right of appeal 14 days explained to the accused.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF NOVEMBER, 2023D.O. OGEMBOJUDGE21. 11. 2023Court:Ruling read out in Open court in presence of accused, Mr. Ooro for accused and Ms. Mumu for State.D.O. OGEMBOJUDGE21. 11. 2023