THE ACCUSED PERSON WAS CHARGED WITH THE OFFENCE OF MURDER CONTRARY TO SECTION 203 AS READ WITH SECTION 204 OF THE PENAL CODE .
He pleaded not guilty and the state called a total of 6 witnesses on a bid to prove its case.
The accused is represented by Mr . Otwoma Advocate .
After his conviction, a social inquiry report dated 9th July 2024 was prepared by on Wycliff Muthome. It shows that he was a first offender, with a suspected history of drug abuse. At the time of the offence he was living with the deceased in his father’s house as a man and wife. The neighbours said the accused and the deceased would pick up quarrels whenever they were drunk. HE CONTINUES TO DENY THE OFFENCE.
The Learned Advocate for the Defence, pointed out that the report shows he is a first offender, he has been in custody for 5 years in which he has picked some social skills. That prior to the offence he had a cordial relationship with the deceased and the offence could be attributed to the substance abuse. He prayed for leniency.
Ms Maina sought the full penalty pointing out that the offender was not remorseful .
I have considered the judgment, the social report and the submissions from both sides. I note that substance abuse is extremely prevalent in this Jurisdiction and with it comes increased crime rate. Domestic violence is also an area of concern as we have lately noted a spike in femicide.The defence counsel described the offender as a respected member of society. The court does not share the view that respected members of society are those who strangle and stab their spouses or loved partners multiple time and leave them to die. That is the mark of a dangerous person who ought to be kept away from society as a deterrent measure. It is also noted that even his family has abandoned him.
For the above reasons the court will not be lenient
The accused person is therefore sentenced to serve 20
years in prison.
The time starts to run from 3rd September 2019 when he was arraigned in court for the first time.
Dated, signed and delivered virtually this 18th day of July 2024.
Wendy Kagendo
Judge
Present
The accused person and his advocate Mr Otuoma
Ms Maina for the state
Babora court assistant