[2023] KEHC 19526 (KLR)
The court found that despite the accused being a first offender, expressing remorse, and entering a plea bargain, the gravity of the offence—resulting in the loss of a youthful life—necessitated a custodial sentence. The court emphasized that the accused was in his right mind and should have exercised restraint. The...
Source-derived case information.
- Citation
- [2023] KEHC 19526 (KLR)
- Parties
- Respondent: State; Defendant: Collins Oduor Onyango
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E003 of 2023
- Procedural Posture
- Criminal Case / Sentencing Ruling After Plea Bargain
- Outcome
- Accused sentenced to 10 years imprisonment for manslaughter, sentence to run from date of first arraignment.
- Judges
- DO Ogembo
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, Mitigation, Custodial Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
State
Respondent
Collins Oduor Onyango
Defendant
Procedural Posture
Criminal Case / Sentencing Ruling After Plea Bargain
Legal Issues
- 1 Whether the accused should be sentenced to a custodial or non-custodial sentence after pleading guilty to manslaughter.
- 2 What mitigating and aggravating factors should influence the sentence for manslaughter under Kenyan law.
Ratio Decidendi
The court found that despite the accused being a first offender, expressing remorse, and entering a plea bargain, the gravity of the offence—resulting in the loss of a youthful life—necessitated a custodial sentence. The court emphasized that the accused was in his right mind and should have exercised restraint. The sentence aims to serve the goals of rehabilitation and deterrence. The court considered the period already spent in remand and ordered that the ten-year custodial sentence run from the date of first arraignment. The plea bargain and mitigation were acknowledged but did not outweigh the need for a custodial sentence given the seriousness of the offence.
Court Disposition
Accused sentenced to 10 years imprisonment for manslaughter, sentence to run from date of first arraignment.
Orders
- The accused is sentenced to serve 10 years imprisonment.
- The sentence shall run from 20-2-2023, the date the accused was first arraigned before the court.
Full Case Text
Judgment text and source record
22 paragraphs
State v Onyango (Criminal Case E003 of 2023) [2023] KEHC 19526 (KLR) (27 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19526 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Case E003 of 2023
DO Ogembo, J
June 27, 2023
Between
State
Prosecution
and
Collins Oduor Onyango
Accused
Ruling
1. The accused Collins Oduor Onyango was charged before this court with the offence of murder contrary to section 203 as read with section 204 of the Penal Code. Following plea bargaining, he has pleaded guilty to the lesser charge of manslaughter contrary to section 202 as read with section 205 of the Penal Code. Upon being convicted of the offence, the accused, has raised the following factors in mitigation:-i.That he is a first offender.ii.That the offence was spontaneous and not premeditated.iii.That he acted in anger out of disagreement and regrets the harm caused by his conduct.iv.That he has saved the court’s time by pleading guilty after the plea bargain.v.That he is remorseful.vi.That he is the breadwinner of his family.
2. The accused has pleaded that he be placed on a non-custodial sentence. The prosecution has not made any submissions in response to the mitigation of the accused.
3. Prior to the mitigation of the accused, this court called for a probation officers’ pre-sentence and victim impact assessment report in this matter. The report was filed herein on 12-6-2023. Salient from the said report are that the accused is a first offender and an introvert who likes keeping to himself and that he did not intend to kill.
4. I have considered the circumstances of this case, the mitigation raised and the Social Inquiry Report (the Pre-Sentence Report) filed. Sentence is meant to achieve certain end and goals including:i.Rehabilitation or reformation.ii.Retributioniii.Deterrenceiv.Constitution
5. The facts of this case clearly outline the nature of the disagreement that the accused and the deceased had. The accused was in his right mind. He ought to have exercised caution and restraint. His action led to the loss of a youthful life. It is for these reasons that I am convinced that the accused deserves a custodial sentence so that he gets the chance to be rehabilitated.Section 205 of the Penal Code, provides;“Any person who commits the felony of manslaughter is liable to imprisonment for life”.
6. I have considered the fact that the accused has remained remanded in custody from the date he was first arraigned in court on 20-1-2023. He has also saved the court’s time by entering a plea bargain and pleading to the lesser charge of manslaughter.
7. In the circumstances, I sentence the accused to serve 10 years imprisonment. This sentence shall run from 20-2-2023 the date accused was first arraigned before the court. Right of Appeal 14 days.
D. O. OGEMBOJUDGE27TH JUNE, 2023Court:Ruling read out in open court (on-line) in the presence of the accused, Ms. Akinyi for accused and Ms. Mumu for the State.D. O. OGEMBOJUDGE27TH JUNE, 2023