Republic v Kimani [2024] KEHC 11448 (KLR)

Republic v Kimani (Criminal Case 44 of 2017) [2024] KEHC 11448 (KLR) (20 September 2024) (Sentence)

Neutral citation: [2024] KEHC 11448 (KLR)

Republic of Kenya

In the High Court at Mombasa

Criminal Case 44 of 2017

MN Mwangi, J

September 20, 2024

Between

Republic

Prosecution

and

Mary Muthoni Kimani

Accused

Sentence

1. I have considered the pre-sentence report filed by the Probation Officer, Ms R. Ng’ong’a about the accused person’s family background. I have also read that the community within which she used to live in, still has misgivings about the accused person going back to her previous place of residence in Changamwe, as the deceased was the accused person’s neighbour.

2. The Judiciary Sentencing Policy Guidelines provide that sentencing is not only meant to provide rehabilitation of an offender but also retribution for the offence committed.

3. The accused person is said to be remorseful for having committed the offence after she found her daughter being defiled. As I stated in my judgement, she could have shouted/screamed for help instead of taking the law into her own hands.

4. I note that the accused person was first arraigned in Court on 1st November, 2017. She has therefore been in prison remand for 6 years and a month as she awaited the hearing and determination of her case.

5. The pre-sentence Report recommends a non-custodial sentence. When it comes to sentencing, I am however not only expected to consider the accused person’s interests, but also to remember that there is a human being that lost his life due to the acts of the accused person. It is therefore necessary that she serves a custodial sentence so that she can reform in her ways and become a better person who can co-exist with others.

6. Noting the circumstances that led her to commit the offence, I sentence the accused person to 10 years imprisonment. The 6 years and 9 months she has been in remand shall be commuted from her sentence in line with the provisions of Section 333(2) of the Criminal Procedure Code.

It is so ordered

DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 20TH DAY OF SEPTEMBER, 2024. SENTENCE DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.NJOKI MWANGIJUDGEIn the presence of:The accused personMr. Tindi for the accused personMs Valarie Ongeti h/b for Ms Nyawinda - Prosecution Counsel for the DPPMs B. Wokabi – Court Assistant.