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1. The offender herein was initially charged with murder contrary to Section 203 as read with 204 of the penal code. He later entered into a plea bargain agreement with the State and the charges were reduced to manslaughter contrary to Section 202 as read with 205 of the penal code. He pleaded guilty to manslaughter and he was accordingly convicted.
2.This case is now coming up for sentencing. The court called for a pre-sentence report from the probation and it has emerged from the same that the convict was the husband of the deceased . He killed his wife in a spur of a moment after the wife spoke to person she intended to lease a piece of family land to .
3.The report indicates the offender is a man aged 52 years with four children with the deceased and that the community members, the family and even his children are not receptive of him and that besides the reduced tension at home , the offender is a difficult person and his rehabilitation in the community will not be possible.
4.Defence Counsel submitted that the offender was drunk at the material time and that the accused is remorseful for his actions .in prison he has reformed and has been baptised and acquired carpentry skills and that he promises to be a peace ambassador. Also that he was a first offender . The offender entered into a plea bargain agreement and saved judicial time and so he prayed for leniency.
5.The Supreme Court in the Muruatetu case set down the following factors to be considered in sentencing in murder trials;
a)Age of the offender.
b)Being a first offender.
c)Whether the offender pleaded guilty.
d)Character and record of the offender.
e)Commission of the offence in response to gender-based violence.
f)Remorsefulness of the offender.
g)The possibility of reform and social re-adaptation of the offender.
h)Any other factor that the court considers relevant.
6.I have considered the age of the offender, nature of the offence, its circumstances, the pre-sentence report, mitigation, the remand period , the fact that he is remorseful and the sentiments of community. I agree with defence counsel that the offender deserves leniency for entering into a plea bargain agreement and saving the precious judicial time of the court which expedited the determination of the case. It is clear that the offender cut short the life of his wife in the process .The pre-sentence report recommends a custodial sentence as he is in need of a proper rehabilitation . The victims are said to be still harbouring bitterness towards him and are not yet ready to receive him . It is clear that security of the offender cannot be guaranteed at home. He also killed the deceased in a most gruesome manner in the presence of their young children . I agree with the probation report that he is not suitable for a non- custodial sentence. I proceed to meet out a custodial sentence for purposes of rehabilitation and retribution. I proceed to sentence the offender to 10 years imprisonment . The same shall run from 28.9.23 when he was first remanded in custody till completion .
14 days Right of appeal.
T.A ODERA
JUDGE
9.10.25
DELIVERED VIRTUALLY IN THE PRESENCE OF THE OFFENDER HIS COUNSEL.MISS NYANDORO MR KOIMA FOR STATE AND COURT ASSISTANT KIPCHIRCHIR
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1. The offender herein was initially charged with murder contrary to Section 203 as read with 204 of the penal code. He later entered into a plea bargain agreement with the State and the charges were reduced to manslaughter contrary to Section 202 as read with 205 of the penal code. He pleaded guilty to manslaughter and he was accordingly convicted.
2.This case is now coming up for sentencing. The court called for a pre-sentence report from the probation and it has emerged from the same that the convict was the husband of the deceased . He killed his wife in a spur of a moment after the wife spoke to person she intended to lease a piece of family land to .
3.The report indicates the offender is a man aged 52 years with four children with the deceased and that the community members, the family and even his children are not receptive of him and that besides the reduced tension at home , the offender is a difficult person and his rehabilitation in the community will not be possible.
4.Defence Counsel submitted that the offender was drunk at the material time and that the accused is remorseful for his actions .in prison he has reformed and has been baptised and acquired carpentry skills and that he promises to be a peace ambassador. Also that he was a first offender . The offender entered into a plea bargain agreement and saved judicial time and so he prayed for leniency.
5.The Supreme Court in the Muruatetu case set down the following factors to be considered in sentencing in murder trials;
a)Age of the offender.
b)Being a first offender.
c)Whether the offender pleaded guilty.
d)Character and record of the offender.
e)Commission of the offence in response to gender-based violence.
f)Remorsefulness of the offender.
g)The possibility of reform and social re-adaptation of the offender.
h)Any other factor that the court considers relevant.
6.I have considered the age of the offender, nature of the offence, its circumstances, the pre-sentence report, mitigation, the remand period , the fact that he is remorseful and the sentiments of community. I agree with defence counsel that the offender deserves leniency for entering into a plea bargain agreement and saving the precious judicial time of the court which expedited the determination of the case. It is clear that the offender cut short the life of his wife in the process .The pre-sentence report recommends a custodial sentence as he is in need of a proper rehabilitation . The victims are said to be still harbouring bitterness towards him and are not yet ready to receive him . It is clear that security of the offender cannot be guaranteed at home. He also killed the deceased in a most gruesome manner in the presence of their young children . I agree with the probation report that he is not suitable for a non- custodial sentence. I proceed to meet out a custodial sentence for purposes of rehabilitation and retribution. I proceed to sentence the offender to 10 years imprisonment . The same shall run from 28.9.23 when he was first remanded in custody till completion .
14 days Right of appeal.
T.A ODERA
JUDGE
9.10.25
DELIVERED VIRTUALLY IN THE PRESENCE OF THE OFFENDER HIS COUNSEL.MISS NYANDORO MR KOIMA FOR STATE AND COURT ASSISTANT KIPCHIRCHIR
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