Republic v Oyoo & another [2022] KEHC 13673 (KLR)

Republic v Oyoo & another (Criminal Case E009 of 2022) [2022] KEHC 13673 (KLR) (7 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13673 (KLR)

Republic of Kenya

In the High Court at Kakamega

Criminal Case E009 of 2022

WM Musyoka, J

October 7, 2022

Between

Republic

Prosecution

and

Dennis Auma Oyoo

1st Accused

Gladys Auma Barasa

2nd Accused

Ruling

1. The accused persons herein pleaded guilty to the lesser charge of manslaughter, by way of plea bargain agreement.

2. The Kakamega probation office has filed pre-sentences reports in respect of both accused persons, which I have read through, and noted the sentiments expressed. Both recommend custodial sentences. The Advocates for both sides submitted on sentencing. I have noted the issues raised by them both.

3. After considering everything in totality, I am persuaded that custodial sentences would be the most appropriate, given that a life was lost. I note though that the deceased was said to have been drunk, and to have sparked off the events that led to his death. Am also alive to the fact that the maximum penalty for manslaughter is life imprisonment. Am also alive to recent developments with regard to sentencing with respect to murder, where the penalty for murder is now more or less the same as that for manslaughter

4. Consequently, I hereby sentence both accused persons to serve five years imprisonment for the offence of the manslaughter of the deceased herein. The period spent in pre-trial and pre-sentencing custody shall be reckoned in the calculation of the duration of the sentences.

RULING DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 7TH DAY OF OCTOBER 2022WM MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.Ms. Kagai, instructed by the Director of Public Prosecutions, for the Republic.Mr. Mulama, Advocate for the accused person.