Republic v Galma Abagaro Shano [2017] KEHC 2159 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL CASE NO. 41 OF 2011

REPUBLIC…………………………...……...PROSECUTOR

VERSUS

GALMA ABAGARO SHANO …………….……..ACCUSED

RULING ON SENTENCE

The accused Galma Abagaaro Shano was tried for murder contrary to section 203 as read with section 204 of the Penal Code. He was found guilty for manslaughter contrary to section 202 as read with section 205 of the Penal Code. He was tried in absentia after he absconded from this court’s jurisdiction and after this court ruled that he has waived his right to be present during his trial. Efforts to have him arrested and brought before the court failed and for over three years this court kept the matter open.

After delivering the judgment, counsel for the accused Mr. Dunstan Omari told the court that he did not have any mitigation to offer on behalf of his client and left the matter with the court to decide. The prosecution did not have previous records against the accused and asked the court to treat him as a first offender. Even if this is the statement of the prosecutor, this court is alive that the accused has been found guilty for manslaughter in this case and that he absconded from court at the stage when this court had placed him on his defense and the court was waiting to receive his defense. This offence was not documented by the relevant government agency because the accused has not been arrested and charged with it. Nonetheless, the accused is not innocent.

In the judgment delivered on 2nd October 2017, this court gave detailed reasons for the decision it arrived at. I have considered the circumstances of this case and the applicable law. The penalty for manslaughter under section 205 of the Penal Code is life sentence. I hereby sentence the accused in absentia to serve 10 years imprisonment. This sentence shall commence from the date the accused is apprehended. The officer effecting the arrest shall endorse at the back of the warrant of arrest the date on which the accused has been arrested and when this sentence shall commence. Right of appeal explained.

Delivered, signed and dated this 4th October 2017.

S. N. Mutuku

Judge