1. The accused person was convicted for the offence of murder contrary to Section 203 as read with Section 204 of the penal code.
2. The court called for a pre-sentence report and it shows that-
The deceased was a maternal uncle to the accused person. They lived together in peace and cooperated in very different family issues as confirmed by the family members. In all areas they have lived from Mikindani to Mavueni the two moved in together. The deceased had different pieces of land which he would disposes on different times to different willing customers. On the said period the deceased was disposing off a piece of land and which the accused person was actively involved. It is in the circumstances that the deceased was murdered while he was duped to go receive a payment for his piece of land.
3. The offender regrets his circumstantial involvement in the death of the deceased whom they lived together the longest and which he deeply regrets. He adds that the two were great friends besides being the fatherly figure to the accused. It is confirmed prior to the offence the two had constant conflict over unknown case.
4. The family appreciates the facts that truth has been unearthed and the culprits identified. Though aggrieved by the acts of the offender the family terms him as their son who never expected the turn of the things. The family added that whatever happened can never be reversed.
5. The offender is aged 37 years old and was in remand for 9 years and 10 months before he was later convicted. The offender was divorced at the time the offence and was living with the deceased. The accused has no any known previous conviction and has not been linked to any violent criminal activities besides being mentioned as violent. He expressly admits, his involvement in the sale of the piece of land which was the main cause as to the murder and which could have been one of the predisposing factor to the offence. He has no history in drug and substance abuse and has no any vocational training as he is a class 4 dropout. He regrets the offence while pleading for leniency as he on the other hand feels bereaved by his mentor and a guardian.
6. The offender’s family was interviewed and are willing to help and support in rehabilitation process including offering him a shelter back home in Samburu where the mother is remarried. His elder sister who lives in Likoni is willing to accept him and offer him half way home as he seeks for a residential house. Both the accused and deceased lived peacefully safe for the last days before the offence was committed when conflicts arose from land issues.
7. The victim is this matter is deceased. The secondary victims are the same family and their opinion remained that both parties are their people and the matter was brought before court as they sought to establish the truth of the death and in search for justice. The victims have agreed to have a guided agreement between them and the accused on social relations upon release. The family is most inclined to reconciliation between the two parties as opposed to imprisonment.
8. They are however apprehensive that even with imprisonment of the accused the family would not in anyway benefit and therefore they would wish to pursue reconciliation as they term the accused as their very son. The community on the other hand reports no animosity against the accused person. They however do not associate him with any known criminal records and pleads that the court deals with him with leniency with the aims of full rehabilitation.
9. Mr. Sirima for the state urged the court to mete out a sentence commensurate with the offence. He pointed out that the victim was elderly and vulnerable and the guardian to the accused person who nevertheless inflicted serious injuries using sharp objects. Further the accused person sought to benefit by killing the person who had looked after him since child birth.
10. He therefore sought a sentence which would meet both the retributive and deterrent objectives of sentencing as stipulated in the sentencing policy guidelines.
11. Mr. Mwawasi on the other hand supported the recommendations of the Probation Officer. He urged the court to consider and promote reconciliation.
12. I note that the offender has been in custody for 9 years and 11 months. That is a considerable length of time. The family and the community are willing to give him a chance and since I note several family members were interviewed, I will give reconciliation a chance.
13. Accordingly, the accused person is sentenced to the time already spent in custody plus a Probation Sentence of 3 years.
Dated, signed and delivered in Open Court/online through MS TEAMS,
this …27th…day of …March…2025
HON. LADY JUSTICE W. K. MICHENI
JUDGE
In the presence of: -
THE ACCUSED PERSON AND HIS ADVOCATE MR MWAWASI
MR SIRIMA AND MR NGIRI FOR THE STATE
MS BEBORA COURT ASSISTANT
HON. LADY JUSTICE W. K. MICHENI
JUDGE