SENTENCE
1. CHAI JABIR had been charged with an offence of murder contrary to Section 203 as read with section 204 of the Penal Code.
2.The accused, upon being convicted, for murder , shall be sentenced to death.
3. Mr. Ngiri represents the prosecution, while Ms. Kuria represents the convict.
4. The matter proceeded for full hearing and he was found guilty as charged.
5. The court called for both a victim impact statement as well as a pre sentence report. The two were prepared a probation officer.
The report is positive. It shows that the offender had no previous offences and the community had no major issues with him . He was a family man and a bread winner.
6.. Ms Kuria filed submissions on sentence after the reports were filled whilst MR Ngiri relied on the reports.
7. Ms Kuria urged the court to have mercy and to be lenient as the convict was a first offender, a bread winner and can be rehabilitated. She submitted that he is remorseful and wishes he could have acted differently instead of letting his emotions get the better of him.
8. She implored the court to note that the confrontation was over some alleged extra marital affairs between the deceased and the convict's wife.
9. Ms kuria further submitted that the convict had reached out to the family of the deceased in a bid to make peace and she therefore sought a non custodial sentence.
10. She cited the case of R VS JOHN MURERIA and another where the accused was sentenced to a probation sentence of 3 years.
11. I have however noted an increase in intolerance and violence as a way of solving disputes. In this case I noted that the accused armed himself with a knife and went to the deceased person’s place of work where he stabbed him to death. There was the intention and preparation.
12.. Taking all the above into consideration, I hereby find that a deterrent sentence is called for and I sentence the accused person to a prison term of fifteen (15) years .
13.The sentence runs from when he was first arraigned in court which is the 2nd day of November 2021.
14.It is so ordered
. Dated , signed and delivered virtually this 27th day of February 2025.
Wendy Kagendo
Judge
Present
Accused person and his advocate Miss Kuria
MS Cherop for the state
Ms Bebora court Assistant
.