Republic v Macharia [2023] KEHC 23141 (KLR)

Republic v Macharia (Criminal Case E005 of 2021) [2023] KEHC 23141 (KLR) (3 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23141 (KLR)

Republic of Kenya

In the High Court at Murang'a

Criminal Case E005 of 2021

CW Githua, J

October 3, 2023

Between

Republic

Prosecutor

and

Peter Njuguna Macharia

Accused

Ruling

1. Peter Njuguna Macharia was initially charged with the offence of murder contrary to Section 202 as read with Section 204 of thePenal Code but he was subsequently convicted on his own plea of guilty of the lesser offence of manslaughter under a plea bargain agreement recorded and adopted by this court on September 20, 2023.

2. The facts of the case which are not disputed show that the deceased who was the accused’s brother went to the accused house armed with a slasher and attempted to evict the accused’s family from their dwelling house. The two brothers subsequently engaged in a fight in which the deceased sustained fatal injuries.

3. In mitigation on behalf of the accused, learned counsel Mr. Ndegwa Mbue submitted that the accused was 53 years old and he was the sole bread winner for his family; that he is remorseful for his actions that led to loss of life and that in the period he has been in custody, he has had an opportunity to reflect on his life. He invited the court to note that the deceased was the aggressor and that the accused acted in self defense. He urged me to find that the period he had stayed in lawful custody constituted sufficient punishment and that the accused ought to be discharged.

4. The court called for a presentence report which was filed on September 20, 2023 but a fresh copy was filed yesterday October 2, 2023 as the one filed on September 20, 2023 was apparently misplaced. The content of the presentence report confirms the facts of the case and the plea in mitigation made by learned counsel Mr. Ndegwa on behalf of the accused. A perusal of the report confirms that members of the victims family and the community at large including the area administration do not consider the accused to be a threat to his community’s safety.Infact the report confirms that the accused attacked the deceased in defence of his family and recommends that he be considered for a non-custodial sentence specifically a probation order which in my view aligns very well with some of the key objectives of sentencing as set out in the Judiciary’s Sentencing Policy Guidelines of 2016.

5. It may also be important to note that the accused has been in lawful custody since March 15, 2021 a period of about two years and must have learnt a lesson or two about the need for anger management and the adverse consequences of taking the law into his own hands.

6. For the foregoing reasons, I am satisfied that a non custodial sentence is the most appropriate sentence given the facts and circumstances in this case. In the premises, the accused is placed on probation for a period of two years.

Orders accordingly.

DATED, SIGNED and DELIVERED at MURANG’A this 3RD day of OCTOBER, 2023. C. W GITHUAJUDGEIn the Presence of:The accusedMr. Mbue Ndegwa for accusedMs Muriu for the stateMr. Quinteen Court AssistantTABLEMURANG’A HCCR E005 OF 2021 SENTENCE Page 1 of 1