[2021] KEHC 3794 (KLR)
The court found that, despite the accused's plea of guilty and expression of remorse, the gravity of the offence—strangling his own grandmother and guardian—together with his negative social antecedents and risk to the community, warranted a custodial sentence. The court exercised its discretion to impose a sentence...
Source-derived case information.
- Citation
- [2021] KEHC 3794 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Mavin Orido Otieno
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E008 of 2021
- Procedural Posture
- Criminal Case / Judgment
- Outcome
- convicted and sentenced
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Plea Bargaining, Sentencing Guidelines, Mitigation, Victim Impact Statement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Mavin Orido Otieno
Defendant
Procedural Posture
Criminal Case / Judgment
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence for manslaughter.
- 2 What is the appropriate sentence for the offence of manslaughter in light of the plea bargain, mitigation, and social inquiry report.
Ratio Decidendi
The court found that, despite the accused's plea of guilty and expression of remorse, the gravity of the offence—strangling his own grandmother and guardian—together with his negative social antecedents and risk to the community, warranted a custodial sentence. The court exercised its discretion to impose a sentence of eighteen years imprisonment, taking into account the plea bargain, the accused's age, mitigation, and the time already spent in custody, as required by law. The sentence was deemed necessary for the rehabilitation and reformation of the accused before any possible reintegration into the community.
Court Disposition
convicted and sentenced
Orders
- The accused, Mavin Orido Otieno, is sentenced to eighteen (18) years imprisonment for manslaughter, to be calculated from the date of his arrest, with credit for time served in custody as per Section 333(2) of the Criminal Procedure Code.
- The file is closed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. E008 OF 2021
CORAM: HON. R.E. ABURILI, J
STATE................................................PROSECUTION
VERSUS
MAVIN ORIDO OTIENO.........................ACCUSED
JUDGMENT
1. The accused person Mavin Orido Otieno was on 29/7/2021 convicted on his own Plea of guilty for the offence of Manslaughter contrary to Section 202 as read with Section 205 of the Penal Code.
2. This was after signing a Plea bargaining agreement with the Prosecution who reduced the initial charge of Murder contrary to section 203 as read with section 204 of the Penal Code, to that of Manslaughter contrary to section 202 as read with section 205 of the Penal Code.
3. This court then heard mitigation from the accused and his advocates Mr. Mshindi upon which it called for a Victim Impact Statement and presentence reports.
4. The said report has been filed into court on 10/9/2021. The court has considered the said report signed by Mr. Kasera, Probation Officer. The Social Inquiry report shows that the deceased’s family do not wish to file any victim impact statement as they do not wish to be associated with the accused person herein who strangled to death his own grandmother and guardian. The report also discloses that the accused who strangled his paternal grandmother who was also his sole guardian after his parents died, is a person of criminal tendencies and character in the community and that he has previously faced a capital robbery offence but witnesses refused, to go and testify so he was acquitted. That he belongs to some criminal gang in Alego and Gem and they terrorize citizens, stealing from them.
5. The accused also abuses alcohol. His paternal grandfather has disowned him completely and there is a great risk that if he is seen in the area he will be lynched by the community.
6. The accused pleaded for lenient sentence. He is 28 years old. His wife, according to the Probation Report, left him before the offence herein was committed. They had one child. He regrets the offence. He has learnt from prison that crime is not good. He plants trees, which he intends to plant more and will educate the society on what is good and bad, given the opportunity to serve non-custodial sentence.
7. In the Plea bargaining agreement dated 26/7/2021, the Prosecution sought for a minimum custodial sentence of 15 years imprisonment. The defence on the other hand proposed not more than 10 years imprisonment.
8. Having considered all the above, and the circumstances under which the offence herein was committed, with the accused strangling the deceased who was his old grandmother and guardian, and the mitigation and Social Inquiry Report together with the Judiciary Sentencing Guidelines, I am satisfied that the accused deserves custodial sentence for him to be rehabilitated and reformed before he can be released back into the community..
9. Upon conviction under Section 205 of the Penal Code, sentence is up to life imprisonment. However, as the accused has Plea bargained and saved the court time and resources of calling witnesses to testify, and taking into account his age and social antecedents, I hereby exercise discretion and sentence the accused person Mavin Orido Otieno to serve eighteen (18) years imprisonment to be calculated from the date of his arrest, taking into account the provisions of Article 50(2)(p) and Section 333(2) of the Criminal Procedure Code, to accord the convicted accused person a less severe sentence.
10. This file is now closed.
11. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 28TH DAY OF SEPTEMBER 2021
R.E. ABURILI
JUDGE