[2015] KEHC 3702 (KLR)
The court accepted the accused's plea of guilty to manslaughter following a plea bargain. In determining the sentence, the court considered the accused's age, the fact that he had already served a significant period in custody, the favorable probation report, and the forgiveness extended by the family. The court...
Source-derived case information.
- Citation
- [2015] KEHC 3702 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Peter Okinyi Nyambok alias Opere
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 83 of 2014
- Procedural Posture
- Criminal Law / Sentencing
- Outcome
- partially custodial sentence with balance under probation; accused set free unless otherwise lawfully held
- 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
Peter Okinyi Nyambok alias Opere
Defendant
Procedural Posture
Criminal Law / Sentencing
Legal Issues
- 1 Whether the accused is guilty of manslaughter following a plea bargain agreement.
- 2 What is the appropriate sentence for the accused given the circumstances of the case.
Ratio Decidendi
The court accepted the accused's plea of guilty to manslaughter following a plea bargain. In determining the sentence, the court considered the accused's age, the fact that he had already served a significant period in custody, the favorable probation report, and the forgiveness extended by the family. The court found that these factors justified a partially custodial sentence, with the remainder to be served under probation. The sentence was backdated to the date of first remand, and the accused was ordered to be set free unless otherwise lawfully held.
Court Disposition
partially custodial sentence with balance under probation; accused set free unless otherwise lawfully held
Orders
- The accused is sentenced to four years imprisonment, deemed to commence from 7th August 2012.
- The accused shall serve the balance of his sentence under probation.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
HCCR NO. 83 OF 2014
(Formerly Kisii High Court HCCR NO. 106 OF 2012)
STATE ….......................................................................PROSECUTION
VERSUS
PETER OKINYI NYAMBOK alias OPERE….......................ACCUSED
SENTENCE
The accused, PETER OKINYI NYAMBOK alias OPERE was charged with murder of RASEL OMONDI OKINYI. It was the prosecution case that on 4th August 2012 at Thim-Lich Sub – Location, North Kadem location, Migori County, he beat the deceased on her head and caused her to die. He has now pleaded guilty to the offence of manslaughter after a plea bargain.
The deceased was his daughter with whom he had been left by the child's mother. The accused is thirty three (33) years old and no doubt he has paid the penalty for killing his daughter. The probation report is favourable to a non-custodial sentence being imposed. The family members have all forgiven him.
In the circumstances, I sentence him to four (4) years imprisonment. Such term shall be deemed to commence from 7th August, 2012. However, he shall serve the balance of his sentence under probation. 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