Republic v Githinji [2023] KEHC 25687 (KLR)

Republic v Githinji (Criminal Case E015 of 2022) [2023] KEHC 25687 (KLR) (20 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25687 (KLR)

Republic of Kenya

In the High Court at Nyeri

Criminal Case E015 of 2022

FN Muchemi, J

November 20, 2023

Between

Republic

Prosecutor

and

Stephen Muriithi Githinji

Accused

Sentence

1. The accused pleaded guilty to a lesser charge of manslaughter following signing of the plea agreement that was filed in court on July 21, 2022. The offence was committed on May 19, 2022 according to the charge.

2. The accused admitted killing the deceased who was his wife by stabbing her with a knife at their home at Unjiru village, Nyeri County as a result of domestic issues. It was on 12/08/2022 that the accused surrendered himself to police at Busia Police Station which was about three months after the date of the offence

3. In mitigation, the defence counsel Ms Nanjala, holding brief for Mr. Ombongi told the court that the accused who was aged 57 years, was remorseful and has already apologised to the family of the deceased. He has since the incident embraced Christianity and has mended his way.

4. The prosecution said the accused is a first offender. I have considered the factors set out in Judiciary Sentencing Policy in regard to sentencing and the mitigation of the accused.

5. The social inquiry report that this court called for following conviction on the accused’s own plea of guilty did not recommend a non-custodial sentence. The only son and child of the accused is an adult son aged 27 years. He says he has since forgiven his father for killing his own mother whom he had developed a strong bond.

6. In my considered view, a non-custodial sentence is not appropriate having regard to the circumstances of the offence. An innocent life was lost in the name of domestic quarrels that would have been sorted out amicably between the couple. A deterrent sentence is appropriate in this case for would-be offenders to discourage senseless killings. However, this court considers that by the act of pleading guilty to the offence, the accused saved the precious tie of the court. This is a factor that this court takes into consideration and mitigates the sentence to be imposed on the accused.

7. The record shows that the accused was released on bond on March 23, 2023 after having been incarcerated for a period of eight (8) months since the date he surrendered to the police on 12/08/22. The accused was out on bond for three months from 23/3/2033 until 12/07/2023 when he pleaded guilty to the charge herein. Up to the date of sentence on November 20, 2023 the accused was incarcerated for another three (3) months. The total period of incarnation is therefore eleven (11) months which period will be taken into consideration in sentencing a provided for by section 333 of the Criminal Procedure code.

8. The accused is therefore sentenced to serve ten (10) years imprisonment to commence from December 16, 2022.

9. It is hereby so ordered.

DELIVERED, DATED AND SIGNED AT NYERI THIS 20TH DAY OF NOVEMBER 2023F. MUCHEMIJUDGE