[2015] KEHC 3705 (KLR)
The court accepted the plea bargain to manslaughter, finding that the facts did not support a conviction for murder but did establish unlawful killing without malice aforethought. The accused, being a first offender and having spent time in custody, was nonetheless found to have taken the law into his own hands by...
Source-derived case information.
- Citation
- [2015] KEHC 3705 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Samson Kegoka Nyamohanga
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 20 of 2014
- Procedural Posture
- Criminal Trial / Sentencing
- Outcome
- convicted of manslaughter and sentenced to 15 years imprisonment, with credit for time served in custody.
- Judges
- DAS Majanja
- Legal Topics
- Manslaughter, Plea Bargain, Sentencing Principles, First Offender, Land Dispute Related Offence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Samson Kegoka Nyamohanga
Defendant
Procedural Posture
Criminal Trial / Sentencing
Legal Issues
- 1 Whether the accused is guilty of murder or a lesser offence of manslaughter.
- 2 What is the appropriate sentence for the accused given the circumstances of the offence and the plea bargain.
Ratio Decidendi
The court accepted the plea bargain to manslaughter, finding that the facts did not support a conviction for murder but did establish unlawful killing without malice aforethought. The accused, being a first offender and having spent time in custody, was nonetheless found to have taken the law into his own hands by arming himself and fatally attacking the deceased in the context of a land dispute. The court determined that a custodial sentence was necessary to reflect the seriousness of the offence and deter similar conduct, but also took into account the period already served in custody. Accordingly, the accused was sentenced to fifteen years imprisonment, with credit for time served.
Court Disposition
convicted of manslaughter and sentenced to 15 years imprisonment, with credit for time served in custody.
Orders
- The accused is sentenced to fifteen (15) years imprisonment.
- The sentence shall take into account the time already served in custody while awaiting trial.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MIGORI
HCCR NO. 20 OF 2014
(Formerly Kisii High Court HCCR NO. 76 OF 2011)
STATE …............................................................................PROSECUTION
VERSUS
SAMSON KEGOKA NYAMOHANGA ….................................... ACCUSED
SENTENCE
The accused was charged with the murder of Thomas Mwikwabe. The particulars of the offence were that on 15th October 2010, he murdered the deceased at Masaba Village, Kuria West District. He pleaded not guilty and the trial commenced. After a plea bargain he has now pleaded guilty to manslaughter.
The facts of the case are that the accused attacked with an arrow the deceased who had gone to rescue one Samuel Chacha. The attack appeared to arise out of a land dispute between the deceased's family and accused's family.
The accused is a first offender and taking into account that he took the law in his own hands, by arming himself with weapons and shooting at an otherwise innocent victim, I am of the view that a custodial sentence that reflects the gravity of the offence is warranted.
I therefore sentence the accused to fifteen (15) years imprisonment. Such time to take into account the time he has served in custody while awaiting trial.
Dated, signed and delivered in Open Court at Migori this 20th day of July, 2015
…...............................................
D. S. MAJANJA
JUDGE