[2015] KEHC 3834 (KLR)
The court accepted the plea bargain for manslaughter, noting that the accused and deceased were close friends and the offence arose from a personal disagreement. The accused's prior conviction and the Probation Officer's recommendation against a non-custodial sentence were significant. The court determined that a...
Source-derived case information.
- Citation
- [2015] KEHC 3834 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Lameck Ouma Orina alias Baseman
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 34 of 2014
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- convicted and sentenced
- Judges
- DAS Majanja
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Guidelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Lameck Ouma Orina alias Baseman
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter as per the plea bargain agreement.
- 2 What is the appropriate sentence for the accused given the circumstances and prior record.
Ratio Decidendi
The court accepted the plea bargain for manslaughter, noting that the accused and deceased were close friends and the offence arose from a personal disagreement. The accused's prior conviction and the Probation Officer's recommendation against a non-custodial sentence were significant. The court determined that a custodial sentence was appropriate and imposed six years' imprisonment, with credit for time already served in custody.
Court Disposition
convicted and sentenced
Orders
- The accused is sentenced to six (6) years imprisonment for manslaughter.
- The sentence shall take into account the time already spent in custody.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MIGORI
(FORMERLY KISII HCCR NO. 107 OF 2012)
CRIMINAL CASE NO. 34 OF 2014
BETWEEN
STATE ………............................................................. PROSECUTOR
AND
LAMECK OUMA ORINA alias BASEMAN …....................... ACCUSED
S E N T E N C E
LAMECK OUMA ORINA alias BASEMAN was charged with Murder. The particulars were that on 15th July, 2012 at Kaler Locataion, Ochuna Sub-Location he murdered SAMUEL OTIENO. He has now pleaded guilty to a lesser offence of Manslaughter after a plea bargain agreement.
From the facts, it emerged that the accused and deceased were close friends and they had a disagreement which resulted in the accused stubbing the deceased.
I have considered the Probation Officer's Report. It shows that the accused had a previous conviction and was sentenced to Shikusa Borstal Institution for 3 years.
He is not suitable for a non-custodial sentence and considering all facts, I sentence him to six (6) years imprisonment. Such time shall take into account the time he has been in custody.
DATEDand DELIVERED at MIGORIon this 15th day of July 2015.
D.S. MAJANJA
JUDGE