Republic v Diokhoe [2022] KEHC 14903 (KLR)

Republic v Diokhoe (Criminal Case E010 of 2020) [2022] KEHC 14903 (KLR) (Crim) (12 October 2022) (Judgment)

Neutral citation: [2022] KEHC 14903 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Criminal

Criminal Case E010 of 2020

JM Bwonwong'a, J

October 12, 2022

Between

Republic

Prosecutor

and

Diokhole Diokhoe

Accused

Judgment

1. The accused was convicted by this court on her own plea of guilty to a charge of manslaughter on April 26, 2020 following a successful negotiated plea-bargaining process.

2. The facts were agreed upon by the parties. In summary for they were as follows. The accused was the wife of the deceased. On July 18, 2020 a domestic quarrel occurred between the deceased and the accused in their house. In the course of the quarrel the accused stabbed the deceased with a knife. The deceased bled and was taken to hospital where he was pronounced death.The deceased died due to the stab wound.

3. The accused fled from the scene leaving behind their two children in the house; but was arrested by members of the public who took her to Runda Police Station.

4. A social report was prepared by the Probation Officer at the request of the prosecutor. The report was called for to enable the court to be informed of the impact of the death of the deceased upon the family of the victims and other relevant information.

5. The report of the Probation Officer has the following indicia on the impact of the death of the deceased upon them. The mother of the deceased pointed out that she was the one taking care of the accused and her family. She was sad that the life of son was ended by the accused. She was instrumental in raising her two grandchildren, but now she does not want anything to do with accused. Furthermore, wants the accused to be punished for taking the life of her son. She has also stated that the accused has robbed the two children of the opportunity of growing up with their father. They have now become orphans.

The attitude of the accused. 6. According to the report of the probation officer, the 22-year-old accused is currently living with the two children in prison. she is sorry for what happened and wishes to apologise to the family of the deceased. She has prayed for a non-custodial sentence.

The mitigating circumstances. 7. The accused is a first offender. She has ben in custody for about two years and four months (2 ½). She has pleaded guilty. She has two young children.

The aggravating circumstances. 8. The life of a young man aged 19 years has been lost. The two children have now been orphaned. The death of the deceased inflicted pain in her mother and the victim’s family. Additionally, the deceased suffered a painful death following the infliction a stab wound upon him.

9. I have considered both the aggravating and mitigating factors including the pre-trial remand custody as well as the post-conviction custody of about on year and four months as required of this court by section 333 (2) of the Criminal Procedure Code (Cap 75) Laws of Kenya.

10. In view of the foregoing, I find that the appropriate sentence is one of four years imprisonment.

11. The above sentence is to run from the date of conviction on April 26, 2022.

JUDGEMENT SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 12TH OF OCTOBER 2022. J M BWONWONG’AJUDGEIn the presence of-Mr.Kinyua court assistantMrWamayi for the applicantMs Maina for the Respondent