Republic v Jescah Kalumu Mungatu [2022] KEHC 2752 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CRIMINAL CASEE042 OF 2020

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

VERSUS

JESCAH KALUMU MUNGATU......................................................ACCUSED

RULING

I have considered the mitigation of the accused. The accused has pleaded that she has saved the court’s time by entering a plea bargaining agreement with the state. And that she is deeply remorseful. She has also started a reconciliation process with the family of the deceased. Further that she is a young mother of 3 children who require her presence. Also the fact that she has been in custody from 14. 11. 2020. She pleads for lenient non-custodial sentence.

The prosecution, on the other hand, urged for a still custodial sentence.

Pursuant to an application by the defence, this court obtained a social inquiry report from the probation officer. The said report clearly shows the negative attitude that both the husband and family have about the accused. To say the least, the said report is grossly out of favour of the accused.

I have accordingly, taken into account the mitigation of the accused and the social inquiry report made by the probation officer. This is a serious case in which the life of a young lady was cut short by the action of the accused. The husband and family of the deceased have suffered tremendous loss. I am convinced that the circumstances of this case points to only I conclusion. That the accused deserves a custodial sentence.

Section 205 of the penal code provides for the sentence for the offence of manslaughter. It states;

“any person who commits the felony of manslaughter is liable to imprisonment for life.”

I accordingly sentence the accused to serve 15 years’ imprisonment. This term shall run from 1. 12. 2020 when she was first arraigned in court. Right of appeal 14 days.

D. O. OGEMBO

JUDGE

2. 2.2022

Court:

Ruling read out in open court in presence of the accused, Mr. Mitullah for the accused and Ms. Kimani for the state.

D. O. OGEMBO

JUDGE

2. 2.2022