State v Ateng [2023] KEHC 25712 (KLR)

State v Ateng (Criminal Case E001 of 2023) [2023] KEHC 25712 (KLR) (21 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25712 (KLR)

Republic of Kenya

In the High Court at Siaya

Criminal Case E001 of 2023

DO Ogembo, J

November 21, 2023

Between

State

Prosecution

and

Dan Otieno Ateng

Accused

Sentence

1. The accused person Dan Otieno Ateng, was charged with the offence of Murder contrary to section 203 as read with section 204 of the Penal Code. However, out of a successful Plea bargaining with the Prosecution, the accused has pleaded guilty to the offence of Manslaughter contrary to Section 202 as read with section 205 of the Penal Code. He has accordingly been convicted on the same.

2. Given the chance to mitigate, the accused through his Advocate made the following statements in mitigation: -i.That accused is remorseful and has apologized to the family of the deceased.ii.That accused is a first offender.iii.That he is a family man with 5 children, the youngest being only 3 years. And that some of the children already do not go to school for lack of fees and uniform.iv.That he be placed on a non-custodial sentence so that he may find for his children.

3. This court has called for and obtained a Probation Officer’s Pre-sentence report. The report, filed in court on October 30, 2023 in its material form, discloses the following relevant social aspects of the accused.i.That though a first offender, the accused had various past incidents of criminality including causing grievous harm to one Sewe, leading to amputation of his left hand.ii.That accused is known to be violent, combative and agile.iii.That he was intoxicated and impaired.iv.That the local community is not ready to reintegrate the accused.v.That the accused is fit for custodial sentence which would assist him in imparting vocational skills.

4. I have considered the circumstances of this case and the mitigation of the accused. I have also considered the fact that accused has saved time for the court by readily entering a Plea bargaining agreement with the Prosecution. And also the Pre-sentence cum social inquiry report presented by the Probation Officer.

5. I am convinced that the aggravating facts herein far outweigh the mitigating factors of the accused and that accused deserves a custodial sentence which will keep him away from the hostile community while according him the opportunity to benefit from the vocational skills and training.

6. I in the circumstances, sentence the accused to serve 25 years imprisonment. This sentence shall run from 23/1/2023 the date accused was first arraigned before court.Right of appeal 14 days explained to the accused.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 21ST DAY OF NOVEMBER, 2023D.O. OGEMBOJUDGE21. 11. 2023Court:Ruling read out in Open court in presence of accused, Mr. Ooro for accused and Ms. Mumu for State.D.O. OGEMBOJUDGE21. 11. 2023