Njuguna v Republic [2022] KEHC 521 (KLR)

Njuguna v Republic (Miscellaneous Criminal Application 320 of 2018) [2022] KEHC 521 (KLR) (9 June 2022) (Ruling)

Neutral citation: [2022] KEHC 521 (KLR)

Republic of Kenya

In the High Court at Nakuru

Miscellaneous Criminal Application 320 of 2018

HK Chemitei, J

June 9, 2022

Between

James Kaime Njuguna

Applicant

and

Republic

Respondent

Ruling

1. The applicant was accused, charged and convicted of killing his wife and their two children. He was sentence to serve under presidential pleasure on October 17, 2014. Since then he has been in custody and with the advent of the decision of the Supreme Court in the now famous case of Francis Muruatetu he is praying that he be allowed to mitigate afresh.

2. In his application and the submissions, he has pleaded that indeed he does not dispute the entire case and the circumstances that led to the commission of the offence but he pleads that he was under strange hallucinations because of alcoholism. That he has learned a lifelong lesson and he regrets the offence. He is praying for a second chance to restart his life.

3. He submits that he has undergone rehabilitation while in custody and has leaned several trades including biblical courses, sat for KCSE exams and soap making among others. He said that he was now 58 years old and he pleads for a second chance specially to take care of the other children and his aging mother.

4. The learned state counsel submitted that the applicant has been incarcerated since January 2011 till the period of his sentencing. The counsel reiterated the Provisions of Articles 53(f) (2) and 165(3) (d) (i) (ii) of the constitution.

5. He reiterated the gravity of the matter especially the fact that he killed three members of his family. He submitted that the applicant should be subjected to psychiatric analysis before the court could arrive at its decision.

6. The court indeed acceded to the request by the state counsel and ordered that the applicant be subjected to another psychiatric test which returned a positive report. The same is dated March 8, 2022 and it is apparent that the applicant has since recovered.

7. The Supreme Court gave directions in the Muruatetu case on factors to be considered when resentencing which include the age of the offender, whether he was a first offender, whether he pleaded guilty, his character and record, remorsefulness of the offender among others.

8. In this case the offender at the time of the commission of the offence was found to have been under some influence which the trial confirmed and that’s why he served the sentence under the presidential pleasure. At the same time, he was found to have been a first offender and it appears that after conviction he has improved himself including enrolling in school among others.

9. Obviously the three deceased family members cannot be brought back. As painful as it is the applicant will be haunted forever.

10. The court taking into consideration the above factors and the circumstances under which the offence occurred is of the opinion that since he has recovered as per the above psychiatric report he merits a second chance.

11. In the premises, the sentence under presidential pleasure is hereby set aside and the applicant is sentenced to serve under probation for three (3) years under the relevant probation office from the date herein.

DATED SIGNED AND DELIVERED VIA VIDEO LINK AT NAKURU THIS 9THJUNE 2022. H K CHEMITEI.JUDGE