Republic VS MOVAT SITUMA WAMUSAYI AND CHRISPINUS WAMBAYA AND 2 Other(s)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

HC CRIMINAL CASE ( MURDER) NO. E019 OF 2024 

REPUBLIC ……………………………………………. PROSECUTION

VERSUS

METRINE NANJAKHO MIRUNI ………………….…1^ST  ACCUSED

DORICE NAKAMI WASWA …………………………..2^ND ACCUSED

MOVAT  SITUMA WAMUSAYI ………………………3^RD ACCUSED

CHRISPINUS  WAMBAYA …………………………….4^TH ACCUSED

RULING ON SENTENCE

1. Metrine  Nanjakho Miruni  the 1^st  accused, Dorice  Nakami Waswa the 2^nd accused, and Movat Situma Wamusayi the 3^rd accused persons pleaded guilty of the offence of Manslaughter, Contrary  to Section  202  as read with Section 205 of the Penal Code.  This was after a plea bargain.
2. The particulars of the charge are that the 1^st, 2^nd & 3^rd accused persons on the 15/3/2024  at Chepsienya  village Chepkube  Sub- location, Chepkube location in Cheptais  Sub-County  within Bungoma County jointly with another before court caused the unlawful death of Moses  Miruni Kundu.
3. After the facts were read to the 1^st, 2^nd & 3^rd accused persons they admitted the facts as true and each acknowledged that the facts as read is what happened.  Thereafter, this court convicted 1^st, 2^nd & 3^rd accused persons on their own plea of guilt.  This court thereafter sought a pre-sentence report on each accused person.
4. Metrine Nanjakho Miruni is 36 years old and was the 3^rd wife of the deceased. She is the daughter of the 2^nd accused.  Her report isn’t favorable.  The victim’s family is all bitter and recommends a stiff sentence.  She pleads for leniency.  The report states that she orchestrated the death of her husband and even paid the killers.
5. Dorice Nakami Waswa  is the 2^nd accused. She is 51 years.  She pleads leniency and denies that she had anything to do with the deceased’s death.  Her report too is unfavorable.
6. Movat Situma Wamusayi  is 28 years old.  He is a first offender. The report indicates he played a role in ending the victim’s life.
7. I have also considered the mitigation raised by counsel for the accused persons. The accused persons are 1^st offenders and they are remorseful and that they have been in custody since the arrest.  The 2^nd accused was cooperative and took herself to the police.  They have families. According to counsel the 2^nd accused played a very minor role.
8. I have considered all the above including the facts as read and which were admitted by each accused person.  The law provides for a life sentence for the offense of manslaughter. The circumstances of the case revealed a very brutal act.  The deceased suffered a painful death, he was literally slaughtered. All the accused persons herein played a role in the deceased’s death. It cannot be said that one of them played a minor role.
9. I have considered their plea that they are 1^st offenders, including the views of the victim’s family and the guidelines on sentencing.  I therefore sentence the 1^st, 2^nd and 3^rd accused to imprisonment.
10. Each accused person will serve thirty-five (35) years imprisonment. The period they have been in remand will be taken into account whilst computing their sentence. 

Dated, signed and delivered at Bungoma on this 8^th day of November 2024.

R. E. OUGO,

JUDGE.

In the presence of :

1^st Accused/ Metrine Nanjakho Miruni   - Present

2^nd Accused/ Dorice Nakami Waswa     - Present

3^rd  Accused/ Movat Situma Wamusayi – Present

Miss Komora   h/b Mr. Okaka for the accused persons

Miss Kibet         For the ODPP/ Prosecution

Wilkister                               - Court Assistant