[2020] KEHC 7841 (KLR)
The court found that, despite the accused being a first offender, expressing remorse, and having positive recommendations in the probation report, the gravity of the offence—unlawful killing resulting in the loss of an innocent life—outweighed the mitigating factors. The court was not persuaded that a non-custodial...
Source-derived case information.
- Citation
- [2020] KEHC 7841 (KLR)
- Parties
- Applicant: Republic of Kenya; Defendant: Samuel Aswan Okot
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 16 of 2018
- Procedural Posture
- Criminal Case / Sentencing
- Outcome
- accused sentenced to seven years imprisonment for manslaughter, with time served to be considered
- Judges
- RE Aburili
- Legal Topics
- Manslaughter, Sentencing Principles, Mitigation, Probation Reports
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic of Kenya
Applicant
Samuel Aswan Okot
Defendant
Procedural Posture
Criminal Case / Sentencing
Legal Issues
- 1 What is the appropriate sentence for the accused convicted of manslaughter under the circumstances of the case.
- 2 Whether the accused's mitigation and probation report justify a non-custodial sentence.
Ratio Decidendi
The court found that, despite the accused being a first offender, expressing remorse, and having positive recommendations in the probation report, the gravity of the offence—unlawful killing resulting in the loss of an innocent life—outweighed the mitigating factors. The court was not persuaded that a non-custodial sentence was appropriate, particularly as the accused did not plead guilty and subjected the court to a full trial. The interests of justice and the need for deterrence required a custodial sentence. The court therefore sentenced the accused to seven years imprisonment for manslaughter, with credit for time already served, as mandated by law.
Court Disposition
accused sentenced to seven years imprisonment for manslaughter, with time served to be considered
Orders
- The accused Samuel Aswan Okot is sentenced to serve seven (7) years imprisonment for manslaughter.
- The sentence shall take into account the period already spent in prison as per Section 333(2) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL CASE NO. 16 OF 2018
STATE....................................PROSECUTOR
VERSUS
SAMUEL ASWAN OKOT...........ACCUSED
SENTENCE
1. On 10th December 2019 this court convicted the accused person herein SAMUEL ASWAN OKOT for the offence of manslaughter for unlawful killing of Charles Otieno Waida and reserved the sentence pending submission of a probation report on the accused person.
2. I have considered the mitigation by the accused personSAMUEL ASWAN OKOT and the fact that he is a first offender the circumstances under which the offence was committed where an innocent life was lost purely because, according to the accused, they were drunk. I have also considered the Probation Officer’s Report dated 28. 1.2020 wherein the accused is said to be generally a well behaved person in the community and that he is remorseful for the offence.
3. I have also considered the fact that an innocent life was lost and that the Accused who is a young person has depended ants who include his 2 young children who are being cared for by his parents as his spouse left him long before the incident subject of these proceedings.
4. I have also considered the fact that the Accused person did not plead guilty to the offence but that during mitigation and in the Social Inquiry Report, he pleads for leniency and states that the offence occurred because they were drunk and that he will not commit any offence. He is remorseful and regrets the incident leading to the unfortunate demise of the deceased who was his friend. The deceased too left behind young children who depend on their grandparents for survival.
5. According to the Probation Officer, the offender needs to be taken through sessions to help him quit alcohol consumption which landed him in trouble and that he be advised to go for a vocational training as he was poor in class work. This will, in the opinion of the Probation Officer, help the offender to be a peaceful person and a useful member of our society.
6. The Probation Officer also recommends Probation subject to the Court’s discretion. However, I am not persuaded that a non-custodial sentence is sufficient for a lost life where the accused convict has subjected the court and prosecution to a full trial and motions.
7. In my humble view, custodial sentence in this case is appropriate sentence. The convict can enroll in life’s skills in prison which will enable him learn to be a responsible person. No amount of punishment can bring back a lost life but the victims of such heinous crime to deserve justice. The deceased did not provoke the accused to a duel.
8. Accordingly, I sentence the accused person Samuel Aswan Okot to serve seven (7) years imprisonment for the offence of manslaughter. The sentence shall take into account the period already spend in prisons as contemplated in Section 333(2) (proviso) of the Criminal Procedure Code.
9. Orders accordingly.
10. Right of Appeal explained to the accused, 7 days.
Dated, Signed and Delivered at Siaya this 29th day of January, 2020.
R.E. ABURILI
JUDGE
In the presence of:
Mr. Okachi SPPC for the Prosecution
Accused person
Mr. Okello h/b for Ms. Akinyi for accused person
CA: Brenda and Modestar