Republic v Mugi [2023] KEHC 25686 (KLR)

Republic v Mugi (Criminal Case E006 of 2022) [2023] KEHC 25686 (KLR) (20 November 2023) (Sentence)

Neutral citation: [2023] KEHC 25686 (KLR)

Republic of Kenya

In the High Court at Nyeri

Criminal Case E006 of 2022

FN Muchemi, J

November 20, 2023

Between

Republic

Prosecutor

and

Joseph Ndiang’ui Mugi

Accused

Sentence

1. The accused was initially charged with murder contrary to Section 203 as read with Section 204 of the Penal Code and pleaded not guilty to the offence. The accused later opted for plea bargaining and pleaded guilty to a lesser charge of manslaughter contrary to Section 202 of the Penal Code.

2. The accused killed the deceased after being provoked him in a social joint. At the material time, the accused was in a bar enjoying refreshments when the deceased came in. He grabbed the beer of the accused person and sipped it. The accused was infuriated by the act of the deceased and left the place heading to another bar where the deceased followed him. The accused decided to leave the bar and go home, but the deceased followed him outside the bar. The two men confronted each other and as a result the deceased was fatally stabbed by the accused with a knife. The accused and the deceased were next door neighbours who had always got along well before the incident but differed on the fateful day.

3. Ms Miriti for the accused pleaded for leniency in favour of the accused saying that he was remorseful and that it was the deceased who provoked him. The accused surrendered to the police after the incident.

4. The pre-sentence report states that the accused is known as a person who carries a sharp knife with him. He has harmed himself with the knife and had threatened to kill his father with it and the said threat was reported to the Assistant Chief. It is the same sharp knife that was used to kill the deceased in this case. The report further states that the accused should not be released to the community because he is likely to harm those near him or harm himself. I am in agreement with the report that the accused is not suitable for a non-custodial sentence.

5. In sentencing the accused this court considers that he pleaded guilty to the offence thus saved the time of the court. The accused is a young person aged 24 years. I have also considered the facts set out in the Judiciary sentencing policy.

6. The accused is hereby sentenced to serve ten (10) years imprisonment to commence from 29th March 2022 being the date of arrest.

7. It is hereby so ordered.

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