Republic v Chege [2023] KEHC 23040 (KLR)

Republic v Chege (Criminal Case 2 of 2014) [2023] KEHC 23040 (KLR) (3 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23040 (KLR)

Republic of Kenya

In the High Court at Murang'a

Criminal Case 2 of 2014

CW Githua, J

October 3, 2023

Between

Republic

Prosecutor

and

Evans Mukundi Chege

Accused

Ruling

1. The accused, Evans Mukundi Chege was initially charged jointly with another, Henry Chege Kamau with the offence of murder contrary to Section 202 as read with Section 204 of thePenal Code. They both pleaded not guilty and case was set for trial.

2. The court record shows that on May 21, 2019, the 1st accused was convicted on his own plea of guilty of the lesser charge of manslaughter after a plea bargain agreement was recorded and adopted by the court. He was sentenced to serve 10 years imprisonment with effect from the date of his arrest which was January 9, 2014. The second accused who is the subject of the instant ruling refused to join the 1st accused in plea bargaining and his case proceeded for trial.

3. After two witnesses had testified, the 2nd accused (the accused) changed his position and executed a plea bargain agreement. The same was accepted and adopted by the court on September 19, 2023 and on the same day, the accused was convicted on his own plea of guilty of the offence of manslaughter.

4. In the plea in mitigation made on his behalf by his learned counsel Mr Njiraini, the court was urged to be lenient and merciful when sentencing the accused because he was remorseful and he regretted what happened during the incident in which the deceased lost his life. It is not disputed that the accused was the deceased’s uncle. The facts of the case show that the accused armed himself with a panga and for no good reason and without any provocation joined accused 1 in attacking the deceased causing him fatal injuries.

5. I have considered the fact that the accused is a first offender and that he has been in custody since January 9, 2014. Mr Njiraini has submitted that during the period he has been in custody, he has introspected on his life and has learnt his lesson. I have considered these mitigating factors alongside the aggravating factors and the objectives of sentencing as set out in the Judiciary’s sentencing policy guidelines of 2016 which includes retribution, rehabilitation, restorative justice and community protection and denunciation.

6. It is not lost on me that the offence of manslaughter attracts a maximum sentence of life imprisonment but considering that the accused’s co-accused was sentenced to 10 years imprisonment for the same offence, I find that although I have discretion to sentence the accused to a lesser or longer sentence, it would not be fair and just to do so since having committed the same offence under similar circumstances, both accused should be accorded equal treatment before the law.1. In the circumstances, the accused is sentenced to serve 10 years imprisonment which shall take effect from January 9, 2014. 2.It is so ordered.

DATED, SIGNED and DELIVERED at MURANG’A this 3RD day of OCTOBER, 2023. C. W GITHUAJUDGEIN THE PRESENCE OF:THE ACCUSEDSMr MBUE NDEGWA HOLDING BRIEF FOR Mr R.M. NJIRAINI FOR THE ACCUSEDMS MURIU FOR THE STATEMR. QUINTEEN COURT ASSISTANT