Republic v Caroline Wambui Muchiri [2017] KEHC 1606 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

HIGH COURT CRIMINAL CASE NO. 106 OF 2015

LESIIT, J

REPUBLIC....................................................PROSECUTOR

VERSUS

CAROLINE WAMBUI MUCHIRI........................ACCUSED

RULING ON SENTENCE

1. The accused was convicted of Manslaughter contrary to section 202 of the Penal Code. The sentence for this offence is provided under section 205 of the Penal Code which provides that a person convicted of the offence is liable to imprisonment for life.

2. I have considered that the accused has been treated as a first offender. I have considered that accused was in custody pending this trial for a period of one year before her release on bond.

3. The mitigation given by her counsel Mr. Ogada is considered especially the fact that the deceased was drunk during the incident and accused acted in self-defence.  But more importantly the fact accused decided to report to her neighbours what had happened instead of walking away, a good proof of remorse.

4. I asked for a Probation Report which was filed by Ayuma Otukho, Probation Officer. I commend them for a well-balanced report, all inclusive including in it a victim impact statement.

5. From the Probation Officer’s Report it is clear that both accused and deceased family are not opposed to a non-custodial sentence.  There is a rider on the part of the family of the deceased who would want refund of funeral expenses by the accused and her family as a sign of remorse.

6. Having considered the above and the circumstances of the offence I find as recommended by the Probation Officer that the accused should be given a chance to serve a non-custodial sentence.

7. I will sentence the accused to a probation term of 3 years on the following term:

(a) During this period she should be of good behaviour;

(b) Keep company of people with good reputation;

(c) Not be involved with criminal activities;

(d) Should not commit any penal offence during the entire period.

(e) In addition since the family of the deceased expressed their wish for refund of funeral expenses of the deceased, the accused should be supervised to ensure reconciliation with the deceased family is honoured.

(f) Accused must attend Guidance and Counselling sessions organized by Probation Office.

8. Any breach of these terms may result with the cancellation of the Probation Sentence and substitution with a custodial one.

9. The accused has confirmed that she is willing to serve Probation on terms set.

10. Right of Appeal within 14 days explained.

DATED AT NAIROBI THIS 4TH DAY OF OCTOBER, 2017.

LESIIT, J

JUDGE