Republic v Clemensia Nyamoita Nyabuto [2021] KEHC 819 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT KISII

CRIMINAL CASE NO 17 OF 2020 (MURDER)

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

VERSUS

CLEMENSIA NYAMOITA NYABUTO................................................ACCUSED

RULING ON SENTENCING

1. On the 29/10/2021 Clemensia Nyamoita Nyabuto was convicted of the murder of Concepta Mogere Momanyi.

2. The accused is a 1st offender I sought a pre-sentence report on the accused person.

3. The report indicates that the accused is 39 years old, she is a mother of 3 children who are in school and depend on her.

4. That the victim’s husband has forgiven her and that the family members are positive and they request for a non-custodial sentence and that the local administrator is equally positive.  The report recommends a non-custodial sentence of probation and to undergo trauma debriefing and anger management session.

5. The accused person mitigation was that she is very remorseful for the events of 25/5/2020 and that she begs for forgiveness.

6. I have taken into account the Judiciary Sentencing Policy Guidelines. Punishment for a person convicted of murder is death.

7. From the evidence adduced the accused attacked the deceased at her home.  The weapons she used caused grievous harm to the deceased.  A life was lost as a result of her actions.  In her defence she did not raise any issue of provocation.  This came out during cross-examination by the prosecution.  Though a non-custodial sentence has been recommended.  In my view the accused’s action warrants a custodial sentence.  I therefore sentence Clemensia Nyamoita Nyabuto to six (6) years imprisonment.  Right of Appeal explained.

DATED, SIGNED AND DELIVERED AT KISII THIS 30TH DAY OF NOVEMBER 2021.

R.E. OUGO

JUDGE

In the presence of;

Accused - Present

Miss Nduhukire  for the Accused Person

Mr. Morande -  State Counsel ODDP

Isindu - Court Assistant