Case ID:184983

Republic v Dennis Langat & another [2021] eKLR

Case Metadata

Case Number:

Criminal Case3 of 2019

Parties:

Republic v Dennis Langat & Kennedy Okuli

Date Delivered:

04 Nov 2021

Case Class:

Criminal

Court:

High Court at Garissa

Case Action:

Ruling

Judge(s):

Abida Ali-Aroni

Citation:

Republic v Dennis Langat & another [2021] eKLR

Court Division:

Criminal

County:

Garissa

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT GARISSA

CRIMINAL CASE NO. 3 OF 2019

REPUBLIC……….……………………….

…………………….PROSECUTION

VERSUS

DENNIS LANGAT…………………….………………………….1

ST

ACCUSED

KENNEDY OKULI………………………………………………2

ND

ACCUSED

SENTENCE

1.

The court has considered the Judgement written by

Kariuki J

and the mitigation made by Mr. Onono counsel on record for the 1

st

and 2

nd

accused and the additional mitigation made by Mr. Kairu on behalf of the 2

nd

accused more particularly reference made to paragraph No. 7 – 19 of the Judiciary Guidelines on Sentencing.

2.

The statute that remains applicable in our jurisdiction and prescribes for the sentence to be meted out in relation to the offence of manslaughter, which the accused persons were convicted of is the Penal Code and in particular Section 205 thereof which provides

“(205) Punishment of manslaughter

Any person who commits the felony of manslaughter is liable to imprisonment for life.”

3.

The above section of the law allows the court to use discretion to the maximum limit of life imprisonment. No option for non-custodial sentence is prescribed.

4.

Counsel Mr. Kairu relied heavily on the Sentencing Policy Guidelines on seeking for a non-custodial sentence for his client. It is clear that the said guidelines remain to be “

guidelines

” and cannot be a substitute for the written law.

5.

Further paragraph 3.1 of the said guidelines also states as follows;

“Proportionality; The sentence meted out must be proportionate to the offending behavior. The punishment must not be more or less than is merited in view of the gravity of the offence. Proportionality of the sentence to the offending behavior is weighed in view of the actual, foreseeable and intended impact of the offence as well as the responsibility of the offender.”

6.

Having considered the circumstances of the case, the mitigating factors submitted by counsel at length on behalf of the accused persons it is noteworthy that the harm caused by the offence resulting in the death of the deceased is immeasurable to the family of the deceased and the society generally. The action of the accused persons caused a major loss, death. This must be weighed against other relevant factors that the court takes into account.

7.

Weighing all relevant factors this court sentences both the accused person to a jail term of 10 years.

DATED, DELIVERED AND SIGNED AT GARISSA THIS 4

th

DAY OF NOVEMBER, 2021.

……………….………………

ALI-ARONI

JUDGE