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 reads as hereunder that-
3. That the offender explained that he never planned to commit the offence. He stated that he was the last person to be with the victim as who turned out to be sick and unconscious. To support his stand, he offered himself to help in getting the victim to hospital as soon as possible and thus he had no malicious intentions. He however understands that the court has found him guilty as charged and he prays for leniency in sentencing.
4. He regrets being in such circumstances and asks the court to have mercy on him so as he reunites with his young family and continue providing for them. He reports he feels stuck and in dilemma as he thinks of the situation back at his family at home without him to help. He never planned to be in such circumstances and that he never planned to commit the offence.
5. He registers apologies to his family members and the deceased family members/victims. He begs for mercy and leniency from the honourable court on dealing with him on sentencing. He prays the court to consider the pathetic socio-economic situation back home resulted by his absence and the circumstances surrounding the incident. He shows great regret and being sorry for his actions.
6. He reports as a young man and a family man with key responsibilities, he prays for leniency and asks the court to consider his fate as well as the future of his young children and family who look upon him for survival. He prays for a chance pointing out his youthful state and the long journey ahead of his life which he desires to accomplish as a youthful and productive age. He prays for consideration of his age and status and begs for a non-custodial sentencing options and promises to keep peace and abide by the law in his future hence forth. He promises to abide by all regulations and provisions that may come along with such consideration without a breach. He informs again he was totally loyal and obedient to any respective court orders. He informs that he has learnt a big lesson for the time he has been in custody and looks forward to a peaceful future.
7. The offender is in his youthful stage at 25 years. He is a first offender and bears key roles and responsibilities in his family. Throughout the inquiry, he has expressed deep remorse for his actions and pleads for leniency in sentencing. He maintains that he did not intend to commit the offense and prays that the court considers his plea.
8. He prays for consideration on a leniency in sentencing and willingness to comply with all court directives and abide by any imposed. He has committed to becoming a law-abiding citizen in future and fostering a peaceful and harmonious existence within his community.
9. Inquiries conducted with relatives and community members indicate that the offender has coexisted well with others and has played a supportive role in the victim’s life. He was actively involved in providing for the victim and the mother, demonstrating a sense of responsibility.
10. He prays for a chance to build his life together with his newly found companion, mother to the deceased whom they have recently begun a new and young family union.
11. The report also shows that the victim family especially the deceased’s mother and her parents have forgiven him and looks ahead in building a family and a stronger marital union. As the offender reports, they are already expecting a new born in few months and he wishes to be granted the most desired opportunity as a young father and husband to raise the expected new born.
12. That there is no any grudge or bad blood between both sides of this matter and peace, cordial and harmonious relationship has been witnesses and has prevailed ever since the offence occurred until to date.
13. On risks and need assessment done on him, he ranks a low-risk offender. With the current state and supportive family/community, chances of recidivism are on a low level. The interventions as highlighted here in below are attainable and deemed to instill a positive change, enhance reformation and effective rehabilitation.
14. Despite the lengthy and detailed report , one must bear in mind that the deceased was a vulnerable defenseless one-and-a-half-year-old. Their only offence was to do what is natural to a child; Soil them pampers. The reaction of the accused person does not agree with picture painted in the pre-sentence report and victim impact statement of a father figure. Which father figure turns on a baby for answering a call of nature and causes the kind of injuries noted all over the body of the little child ?
15. The attack was totally unprovoked and I note the report shows that the offender has no history of hard drug use or substance abuse or alcoholism. So, a sober, normal father to be, beats a baby to death, and we call him a father figure? That does make sense and cannot be .
16. I note the child’s mother says she still considers him as spouse but I dare say she is lucky he showed his true colours in advance though in a most brutal manner.
17. I also note that he has not even accepted the responsibility of his acts as he keeps changing the story on how the child was injured; From the fall, to a motorbike accident and in the mitigation – sudden illness. Clearly this is a person who has not owned up to his mistakes and he is still a danger to society. A deterrent sentence is necessary.
18. Accordingly, I will not be lenient as recommended in the reports. The accused person is sentenced to serve 25 years in prison.
19. It is so ordered
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 WACHIRA
MR NGIRI AND MR SIRIMA FOR THE STATE
BEBORA COURT ASISTANT
HON. LADY JUSTICE W. K. MICHENI
JUDGE