[2015] KEHC 3699 (KLR)
The court accepted the accused's plea of guilty to manslaughter, noting that the offence occurred during a fight and that the accused had shown remorse. The court considered the probation report, which indicated that the accused's family was willing to accept him back. Given the accused's age and the fact that he...
Source-derived case information.
- Citation
- [2015] KEHC 3699 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Barrack Samuel Odari
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 103 of 2014
- Procedural Posture
- Criminal Law / Sentencing
- Outcome
- convicted of manslaughter and sentenced to time served
- Judges
- DAS Majanja
- Legal Topics
- Manslaughter, Sentencing Principles, Custodial Sentence, Plea Bargain
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Barrack Samuel Odari
Defendant
Procedural Posture
Criminal Law / Sentencing
Legal Issues
- 1 Whether the accused should be convicted of manslaughter following a guilty plea.
- 2 What sentence is appropriate given the circumstances and time already served.
Ratio Decidendi
The court accepted the accused's plea of guilty to manslaughter, noting that the offence occurred during a fight and that the accused had shown remorse. The court considered the probation report, which indicated that the accused's family was willing to accept him back. Given the accused's age and the fact that he had been in custody since November 2010, the court found that the period already served was sufficient punishment. The court therefore sentenced the accused to time served and ordered his release unless otherwise lawfully held.
Court Disposition
convicted of manslaughter and sentenced to time served
Orders
- The accused is sentenced to time served.
- The accused is set free unless otherwise lawfully held.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
HCCR NO. 103 OF 2014
(Formerly Kisii High Court HCCR NO. 103 OF 2010)
STATE …...............................................................................PROSECUTION
VERSUS
BARRACK SAMUEL ODARI ….............................................. ACCUSED
SENTENCE
The accused, BARRACK SAMUEL ODARIwas charged with murder of his wife, MILLICENT AKETCHwhich occurred on 18th November, 2010 at Pinyoiye Village, Suna Wasimbete Location, Migori County. He has now pleaded guilty to the offence of manslaughter. The offence is regrettable in that it happened during a fight and the accused has expressed leniency.
He is now sixty (60) years old and has been in custody since November, 2010. I have considered the probation report and I find that his family is ready to accept him.
In view of the time he has been in custody, he is sentenced to time served. He is set free unless otherwise lawfully held.
Dated, signed and delivered in Open Court at Migori this 23rd day of July, 2015
…...............................................
D. S. MAJANJA
JUDGE